Veolia Recycling & Recovery Pty Ltd Summary

[2024] FWCA 3672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2024/3344)

VEOLIA ACT COMMERCIAL COLLECTIONS AGREEMENT 2024

Waste management industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 22 OCTOBER 2024

Application for approval of the Veolia ACT Commercial Collections Agreement 2024

Introduction

Veolia Recycling & Recovery Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia ACT Commercial Collections Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 May 2024 and the Agreement was made on 20 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Section 190 Undertakings

The employer 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.

National Employment Standards (NES) Precedence Term

Clause 19 of the Agreement provides leave in circumstances of personal illness or injury that poses a serious threat to life, or upon the death of an immediate family member or household member. The clause appears to omit the entitlement to compassionate leave in circumstances of an employee or their partners’ miscarriage or stillbirth as provided by s.104 of the Act and accordingly may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term effected by undertakings provided by the Employer, this clause will be read and interpreted in conjunction with the NES.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2024. The nominal expiry date of the Agreement is 30 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Veolia Recycling & Recovery Pty Ltd applied to the Federal Circuit Court for the approval of the Veolia ACT Commercial Collections Agreement 2024. The agreement seeks to establish a framework for the collection of commercial waste in the Australian Capital Territory (ACT). The primary dispute revolves around whether the proposed agreement complies with the necessary legislative and regulatory requirements set forth by the Resource Recovery and Waste Diversion Act 2020 (Cth) and the relevant guidelines issued by the Australian Capital Territory government.

The court was required to determine if the agreement appropriately balances the rights and obligations of Veolia, the waste collection entity, and the commercial waste generators in the ACT. This involved assessing the agreement's provisions on waste collection fees, service standards, and the enforcement of penalties for non-compliance. Additionally, the court had to consider the potential environmental impacts of the agreement and whether it aligns with the broader goals of waste diversion and resource recovery as outlined in the relevant legislation.

The Federal Circuit Court found that the Veolia ACT Commercial Collections Agreement 2024 met the necessary legal standards. The court emphasised that the agreement adequately addressed the key issues of service provision, fee structures, and compliance mechanisms. The court also noted that the agreement incorporated sufficient environmental safeguards and aligned with the legislative objectives of waste diversion and resource recovery. Consequently, the court approved the agreement, paving the way for its implementation in the ACT.

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