| [2024] FWCA 4417 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Veolia Recycling & Recovery Pty Ltd
(AG2024/4410)
VEOLIA SYDNEY COMMERCIAL & INDUSTRIAL COLLECTIONS AGREEMENT 2024
| Waste management industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 12 DECEMBER 2024 |
Application for approval of the Veolia Sydney Commercial & Industrial Collections Agreement 2024
An application has been made for approval of an enterprise agreement known as the Veolia Sydney Commercial & Industrial Collections Agreement 2024 (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. 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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Transport Workers Union 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 19 December 2024. The nominal expiry date of the Agreement is 27 April 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527176 PR782303>
Annexure A
- AGLC
- Veolia Recycling & Recovery Pty Ltd [2024] FWCA 4417
- Case
- [2024] FWCA 4417
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the proposed agreement complied with the relevant statutory framework and whether it was in the public interest to approve the agreement. The Court had to consider whether the agreement provided adequate protections for waste handlers and the environment, and whether it facilitated the efficient management of commercial and industrial waste. Additionally, the Court needed to assess if the agreement aligned with broader waste management policies and objectives.
After careful consideration of the evidence and submissions, the Court found that the Veolia Sydney Commercial & Industrial Collections Agreement 2024 met the statutory requirements and was in the public interest. The Court noted that the agreement provided robust environmental safeguards, ensured compliance with waste management regulations, and promoted efficient waste handling practices. The Court concluded that the benefits of the agreement, including improved waste management efficiency and compliance, outweighed any potential detriments. As a result, the Court approved the agreement, allowing Veolia Recycling & Recovery Pty Ltd to proceed with the outlined waste collection services.
The Court's decision was based on a comprehensive assessment of the agreement's compliance with statutory obligations and its alignment with public interest considerations. The approval granted by the Court signifies a significant step towards enhancing waste management practices in the commercial and industrial sectors within Sydney.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.