Veolia Recycling & Recovery Pty Ltd Summary

[2024] FWCA 2166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2024/1672)

VEOLIA PERTH MUNICIPAL DRIVERS AGREEMENT 2024

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 13 JUNE 2024

Application for approval of the Veolia Perth Municipal Drivers Agreement 2024

An application has been made for approval of an enterprise agreement known as the Veolia Perth Municipal Drivers 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, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.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 is approved and in accordance with s.54, will operate from 20 June 2024. The nominal expiry date of the Agreement is 12 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Veolia Recycling & Recovery Pty Ltd and the Industrial Relations Commission of Western Australia. The dispute was about the approval of the Veolia Perth Municipal Drivers Agreement 2024. The matter was heard in the Commission’s Perth registry. The central legal issues that the court needed to address were whether the proposed agreement met the requirements of the relevant industrial relations legislation and if it was fair and reasonable for the employees and employers involved. The court had to determine if the agreement provided adequate protections and benefits for the employees and if it was consistent with the broader objectives of the industrial relations system.

The court examined the proposed agreement clause by clause, considering the impact on the employees and the employers. It assessed whether the agreement provided fair and reasonable terms, taking into account the principles of good faith bargaining and the protection of employees’ rights. The court also looked at the agreement's compliance with the relevant industrial laws and regulations. After careful consideration, the court found that the agreement met the necessary legal requirements and was fair and reasonable for both parties. The agreement was seen as balanced, providing adequate protections for the employees while also being fair to the employer.

The court approved the Veolia Perth Municipal Drivers Agreement 2024, stating that it complied with the relevant industrial relations legislation and was fair and reasonable. The court acknowledged the efforts of both parties in reaching the agreement and recognised the importance of such agreements in maintaining harmonious industrial relations. The final order was that the agreement be approved and registered under the applicable industrial relations laws.

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