Veolia Recycling & Recovery (No.1) Pty Ltd Summary

[2025] FWCA 2590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery (No.1) Pty Ltd

(AG2025/2479)

VEOLIA NO.1 ENGINEERING TRADES ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER CRAWFORD	SYDNEY, 4 AUGUST 2025

Application for approval of the Veolia No.1 Engineering Trades Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Veolia No.1 Engineering Trades Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Veolia Recycling & Recovery (No. 1) Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case are Veolia Recycling & Recovery (No.1) Pty Ltd, the applicant, and various unions representing the employees. The dispute centred around the approval of the Veolia No.1 Engineering Trades Enterprise Agreement 2024. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues before the Commission involved whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and appropriate, considering factors such as the balance of benefits and detriments, the nature of the enterprise, and whether the agreement was genuinely negotiated. Additionally, the Commission examined the procedural fairness of the negotiation process.

The Commission found that the proposed agreement was fair and appropriate, taking into account the evidence provided by both the applicant and the unions. The Commission highlighted the agreement's provisions concerning wages, conditions, and other terms that it considered balanced and reasonable. It also noted that the negotiation process was conducted in good faith, with adequate opportunities for both parties to participate and express their views. The Commission concluded that the agreement was genuinely negotiated and met the statutory requirements for approval.

The Fair Work Commission approved the Veolia No.1 Engineering Trades Enterprise Agreement 2024, effective from 1 April 2024. The decision was made on the basis that the agreement was fair, balanced, and met the necessary legal criteria for workplace agreements.

Veolia Recycling & Recovery (No.1) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established