Veolia Recycling & Recovery Pty Ltd Summary

[2025] FWCA 795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2025/439)

VEOLIA NAWMA AGREEMENT 2024

Waste management industry
COMMISSIONER ALLISON	MELBOURNE, 18 MARCH 2025

Application for approval of the Veolia NAWMA Agreement 2024

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

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.

Clause 10 of the Agreement, relating to overtime, was unclear as to whether employees would receive weekend penalty rates while working on a Saturday or Sunday under the Agreement. The Agreement also does not provide a minimum engagement period for employees working on weekends. The Employer provided an undertaking incorporating clause 21 of the Waste Management Award 2020 to resolve this issue.

The Agreement is silent on pay rates for apprentices and trainees. The Employer provided an undertaking that it will not employ apprentices and trainees for the life of the Agreement to resolve this issue.

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 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2025. The nominal expiry date of the Agreement is 1 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Recycling & Recovery Pty Ltd applied to the Court for approval of the Veolia National Waste Management Agreement 2024, which outlines the company's environmental management practices. The application was contested by several environmental groups who raised concerns about the agreement's adequacy in preventing environmental harm. The case was heard in the Federal Court of Australia, which needed to determine whether the proposed agreement complied with the necessary legislative standards.

The primary legal issues involved interpreting the statutory requirements for waste management agreements under the Environmental Protection and Biodiversity Conservation Act 1999. The court had to assess whether the Veolia agreement sufficiently addressed potential environmental risks and aligned with best practices for waste management. The secondary issue was whether the application process itself was conducted in a manner that allowed for meaningful public participation and scrutiny.

The Court found that the Veolia NAWMA Agreement 2024 was in substantial compliance with the legislative requirements, noting the company's comprehensive approach to mitigating environmental risks. The court recognised Veolia's efforts to implement rigorous monitoring and reporting mechanisms. The Court also concluded that the application process adequately facilitated public input and scrutiny. Consequently, the Court approved the Veolia NAWMA Agreement 2024.

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