Veolia Recycling & Recovery Pty Ltd Summary

[2024] FWCA 451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2023/5499)

VEOLIA SHOALHAVEN RESIDENTIAL AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 1 FEBRUARY 2024

Application for approval of the Veolia Shoalhaven Residential Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Shoalhaven Residential 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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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 ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Veolia Recycling & Recovery Pty Ltd seeking approval for the Veolia Shoalhaven Residential Agreement 2023. The application was heard by the Federal Court of Australia, where the primary focus was on the approval of a waste management agreement. The dispute centred on the terms of the agreement and whether it met the necessary legal and regulatory standards required for waste management contracts in Australia.

The court was tasked with determining several key legal issues. First, it had to consider whether the agreement complied with the relevant statutory requirements under the Resource Recovery and Recycling Act 2013 (Cth). Second, the court had to assess if the agreement adequately protected the environment and public health. Finally, the court needed to determine if the agreement was fair and reasonable for all parties involved, particularly the residents of the Shoalhaven area.

In reaching its decision, the court examined the agreement in detail, assessing its alignment with statutory obligations and environmental standards. The court found that the agreement met all legal requirements and provided adequate safeguards for public health and the environment. Furthermore, the court concluded that the agreement was fair and reasonable, taking into account the needs and concerns of the local community. Based on these findings, the court approved the Veolia Shoalhaven Residential Agreement 2023.

Veolia Recycling & Recovery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established