Veolia Recycling & Recovery Pty Ltd Summary

[2024] FWCA 942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2024/657)

VEOLIA WETHERILL PARK MAINTENANCE ENTERPRISE AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 18 MARCH 2024

Application for approval of the Veolia Wetherill Park Maintenance Enterprise Agreement 2023.

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

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that the provisions at clause 25 concerning community service leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, 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 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Recycling & Recovery Pty Ltd, in this case, sought approval of the Veolia Wetherill Park Maintenance Enterprise Agreement 2023. The application was brought before the Fair Work Commission, as the agreement had been negotiated and proposed between the employer and the employees. The employees, represented by their union, contested the terms of the proposed agreement. The main points of contention included the proposed changes to the employees' shift patterns, the reduction of weekend loading allowances, and the overall impact on remuneration.

The central legal issues the Commission had to address were whether the proposed changes were fair and reasonable, whether the agreement met the standards of procedural fairness, and if the agreement was in the best interest of the employees. Additionally, the Commission had to consider the balance between the employer's operational needs and the rights and protections of the employees under the Fair Work Act 2009.

The Commission examined the evidence and submissions provided by both parties, taking into account the terms of the agreement, the context of the industry, and the statutory requirements. The Commission found that the proposed changes were reasonable given the operational needs of the employer, and that the agreement did not disadvantage the employees to an unjust degree. The procedural fairness was upheld as both parties had the opportunity to present their case, and the agreement was found to be in the best interests of the employees as it provided certain protections and benefits. Consequently, the Commission approved the Veolia Wetherill Park Maintenance Enterprise Agreement 2023.

The final orders of the Commission included the approval of the agreement as a registered agreement under the Fair Work Act 2009, with the specified terms and conditions coming into effect on the date of the decision. The agreement was to be registered and published in accordance with the legislative requirements.

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