Veolia Recycling & Recovery No.1 Pty Ltd

[2024] FWCA 3164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery No.1 Pty Ltd

(AG2024/3097)

VEOLIA AND TWU OPERATIONS AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 SEPTEMBER 2024

Application for approval of the Veolia and TWU Operations Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Veolia and TWU Operations Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Recycling & Recovery No.1 Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The flexibility term in the Agreement does not meet the requirements of s.203(3) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2024. The nominal expiry date of the Agreement is 4 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Recycling & Recovery No.1 Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the Veolia and TWU Operations Agreement 2023, which outlines the terms under which Veolia would manage waste operations in Sydney. The Transport Workers Union opposed the application, raising concerns about the impact on workers' conditions and safety.

The court was tasked with determining whether the proposed agreement met the legal requirements set forth in the Waste Avoidance and Resource Recovery Act 2018. Key issues included whether the agreement appropriately balanced environmental objectives with labour standards and if it provided adequate protections for workers.

The court examined the agreement's provisions in detail, considering the necessity of the terms to achieve the operational efficiency and environmental benefits claimed by Veolia. The court concluded that the agreement met the legislative standards and provided sufficient safeguards for workers' rights and safety. The court found that the benefits of the agreement, particularly in terms of waste reduction and environmental impact, outweighed the potential risks to workers, provided the terms were strictly adhered to.

In approving the agreement, the court mandated that Veolia comply with all legal obligations and ensure ongoing consultation with the union. This decision sets a precedent for future waste management agreements in Australia, balancing environmental goals with labour protections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established