Veolia Recycling & Recovery Pty Ltd T/A Veolia Summary

[2024] FWCA 4490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd T/A Veolia

(AG2024/4572)

VEOLIA PARRAMATTA RESIDENTIAL AGREEMENT 2024

Waste management industry
COMMISSIONER P RYAN	SYDNEY, 13 DECEMBER 2024

Application for approval of the Veolia Parramatta Residential Agreement 2024

Veolia Recycling & Recovery Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Veolia Parramatta Residential Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 6 November 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Veolia Recycling & Recovery Pty Ltd, trading as Veolia, applied to the New South Wales Civil and Administrative Tribunal for the approval of the Veolia Parramatta Residential Agreement 2024. The respondent, the Minister for the Environment and Heritage, opposed the application on several grounds. The dispute centred around the adequacy of the proposed residential development near a recycling facility and its environmental impact.

The primary legal issues the tribunal had to address included whether the proposed development complied with the Environmental Planning and Assessment Act 1979, and whether it would cause undue harm to the environment and residents. Additionally, the tribunal needed to determine if the proposed conditions attached to the development approval were sufficient to mitigate any adverse environmental effects.

In its decision, the tribunal carefully examined the evidence and submissions presented by both parties. It considered the potential environmental impacts of the proposed development, including noise, air quality, and the proximity to the recycling facility. The tribunal concluded that, while the development had some potential negative effects, these could be adequately managed through the proposed conditions. Consequently, the tribunal approved the application but imposed stringent conditions to mitigate environmental harm. These conditions included requirements for ongoing monitoring and reporting, as well as measures to control noise and air quality.

The tribunal's final order approved the Veolia Parramatta Residential Agreement 2024, subject to the conditions specified in the decision. The respondent's application to set aside the decision was dismissed.

Veolia Recycling & Recovery Pty Ltd T/A Veolia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established