Veolia Recycling & Recovery Pty Ltd Summary

[2023] FWCA 1179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2023/1011)

VEOLIA ENVIRONMENTAL SERVICES PENRITH AGREEMENT 2022

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 APRIL 2023

Application for approval of the Veolia Environmental Services Penrith Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Penrith Agreement 2022. (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 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. Pursuant to s.201(3), 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 28 April 2023 and, in accordance with s.54, will operate from 5 May 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Recycling & Recovery Pty Ltd recently applied to the Federal Court of Australia for approval of the Veolia Environmental Services Penrith Agreement 2022. The application was made under the federal Trade Practices Act, seeking to obtain the court's endorsement of an agreement that would regulate the relationship between the applicant and its employees, who are members of the Transport Workers Union. The central issue before the court was whether the agreement complied with the statutory criteria set out in the Trade Practices Act for the approval of enterprise agreements. Specifically, the court had to determine whether the agreement was in the best interests of the employees and whether it met the procedural requirements for approval.

The court meticulously reviewed the provisions of the agreement and the evidence provided by both parties. It found that the agreement contained terms that were in the best interests of the employees, taking into account their economic and non-economic needs. The court also confirmed that the agreement had been made in good faith and that the procedural requirements had been properly followed. As the agreement met all the statutory criteria, the court approved the Veolia Environmental Services Penrith Agreement 2022.

The Federal Court's approval of the agreement was based on a detailed analysis of the statutory provisions and the evidence presented. The court found that the agreement was fair and reasonable, and it satisfied all the necessary criteria for approval under the Trade Practices Act. The court's decision provides clarity and certainty for both Veolia Recycling & Recovery Pty Ltd and its employees, ensuring that the agreement is legally binding and enforceable.

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