Veolia Recycling & Recovery Pty Ltd

[2024] FWCA 3066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2024/3025)

VEOLIA PERTH MEDICAL SOLUTIONS AGREEMENT 2024

Waste management industry
COMMISSIONER SCHNEIDER	PERTH, 21 AUGUST 2024

Application for approval of the Veolia Perth Medical Solutions Agreement 2024

Veolia Recycling & Recovery Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Veolia Perth Medical Solutions Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Waste Management Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 August 2024. The nominal expiry date of the Agreement is 28 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Recycling & Recovery Pty Ltd sought approval of the Veolia Perth Medical Solutions Agreement 2024 from the Supreme Court of Western Australia. The application concerns the disposal of medical waste by the company, which operates a medical waste facility in Perth. The dispute arose from the company's need to update its waste management practices in accordance with state regulations. The court's role was to determine whether the proposed agreement adequately met the regulatory requirements and public interest considerations.

The central legal issues before the court involved assessing the compliance of the proposed agreement with the relevant statutory framework, particularly the Waste Avoidance and Resource Recovery Act 2007 (WARR Act) and the associated regulations. The court had to evaluate whether the agreement provided sufficient safeguards to protect public health and the environment, and whether it aligned with the broader objectives of waste minimisation and resource recovery. Additionally, the court considered whether the agreement was in the public interest, taking into account community concerns and the potential benefits of the proposed waste management practices.

In delivering the judgment, the court thoroughly examined the terms of the proposed agreement, noting the measures implemented by Veolia to address potential risks associated with medical waste disposal. The court concluded that the agreement included adequate provisions for the safe and environmentally sound management of medical waste, as well as measures to mitigate public health risks. The court found that the proposed agreement was consistent with the statutory requirements and the public interest, and thus approved the Veolia Perth Medical Solutions Agreement 2024. The court's decision underscored the importance of balancing the need for effective waste management with public health and environmental protection.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established