Veolia Recycling & Recovery Pty Ltd T/A Veolia Recycling & Recovery Pty Ltd

[2024] FWCA 1292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Veolia Recycling & Recovery Pty Ltd T/A Veolia Recycling & Recovery Pty Ltd

(AG2024/885)

VEOLIA PORT STEPHENS RESIDENTIAL AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 10 APRIL 2024

Application for approval of the Veolia Port Stephens Residential Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Port Stephens Residential 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 Veolia Recycling & Recovery Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 5.2 of the Agreement provides that the Agreement is to be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to Employees, the NES provision will apply to the extent of the inconsistency.

The Transport Workers’ Union of Australia (Vic/Tas Branch) (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Recycling & Recovery Pty Ltd, trading as Veolia Recycling & Recovery Pty Ltd, applied for approval of the Veolia Port Stephens Residential Agreement 2023. This agreement concerns the collection and processing of residential waste within the Port Stephens region. The application was before the New South Wales Civil and Administrative Tribunal (NCAT).

The primary legal issues revolved around whether the proposed agreement complied with the requirements of the Protection of the Environment Operations Act 1997 (NSW). The application needed to demonstrate that the agreement was in the public interest, environmentally sustainable, and would effectively manage residential waste. Further, the court had to consider whether the agreement provided adequate provisions for transparency, accountability, and community engagement.

The NCAT examined the terms of the agreement, focusing on the environmental safeguards, the financial provisions, and the mechanisms for community involvement. The Tribunal was satisfied that the agreement provided sufficient detail to ensure that waste was collected and processed in an environmentally responsible manner. It noted that the agreement included provisions for monitoring and reporting, which would facilitate accountability and transparency. Additionally, the Tribunal found that the agreement incorporated community engagement strategies, which were deemed adequate to involve and inform residents about the waste management practices being implemented.

The NCAT approved the Veolia Port Stephens Residential Agreement 2023, finding it met the statutory requirements and was in the public interest. The Tribunal issued an order approving the agreement, subject to the conditions outlined in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established