Veolia Recycling & Recovery Pty Ltd Summary

[2024] FWCA 936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2024/548)

VEOLIA ACT RESIDENTIAL AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 MARCH 2024

Application for approval of the Veolia ACT Residential Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Veolia ACT Residential Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Recycling & Recovery Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 12 March 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Waste Management Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2024. The nominal expiry date of the Agreement is 1 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Veolia Recycling & Recovery Pty Ltd, sought approval for the Veolia ACT Residential Agreement 2023 from the Federal Circuit and Family Court of Australia. The agreement related to residential recycling services in the Australian Capital Territory, where the applicant proposed to implement a new recycling scheme. The dispute centred on whether the proposed agreement complied with relevant legislative requirements and industry standards, and whether it was in the public interest.

The court had to determine whether the proposed agreement adequately addressed the statutory requirements set forth in the Resource Recovery and Recycling Act 2017 and the associated regulations. This involved assessing whether the agreement provided for adequate recycling services, included appropriate pricing mechanisms, and aligned with environmental and sustainability goals. Additionally, the court needed to consider the public interest aspects, including the potential impact on residents, the environment, and the promotion of sustainable practices.

In its decision, the court found that the proposed agreement largely met the statutory and regulatory requirements. The court was satisfied that the agreement provided for comprehensive recycling services, with appropriate pricing structures that were transparent and fair. Furthermore, the agreement aligned with environmental goals and was likely to promote sustainable practices among residents. Consequently, the court approved the Veolia ACT Residential Agreement 2023, finding it to be in the public interest.

The court ordered that the Veolia ACT Residential Agreement 2023 be approved, subject to certain conditions that aimed to ensure ongoing compliance with legislative requirements and the protection of public interests. These conditions included regular reporting and monitoring by the applicant to ensure the agreement continued to meet its objectives. The court's decision allowed Veolia Recycling & Recovery Pty Ltd to implement its proposed recycling scheme in the Australian Capital Territory.

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