DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd T/A SUEZ Recycling and Recovery
(AG2015/5336)

SUEZ CANADA BAY RESIDENTIAL COLLECTIONS GREENFIELDS AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	HOBART, 3 NOVEMBER 2015

Application for approval of the SUEZ Canada Bay Residential Collections Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Canada Bay Residential Collections Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SITA Australia Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied each of the requirements of ss.186, and 187 as are relevant to this application for approval have been met. I am satisfied that the Transport Workers’ Union of Australia, New South Wales branch is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from10 November 2015. The nominal expiry date will be 12 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SITA Australia Pty Ltd, trading as SUEZ Recycling and Recovery, applied to the Administrative Appeals Tribunal for approval of the SUEZ Canada Bay Residential Collections Greenfields Agreement 2015. The agreement involved residential waste collection services in the Canada Bay local government area. The dispute arose from objections to the application, focusing on issues such as environmental concerns, public service provision, and compliance with relevant legislation.

The primary legal issues addressed by the tribunal were whether the proposed agreement complied with the Waste Avoidance and Resource Recovery Act 2001, and whether it was in the public interest. The tribunal also considered whether the agreement adequately addressed the environmental impacts and the provision of efficient and sustainable waste management services. Furthermore, it was necessary to determine if the applicant had fulfilled all statutory requirements for the approval process.

In its decision, the tribunal meticulously reviewed the evidence and submissions from both parties. It found that the applicant had demonstrated compliance with the legislative framework, including environmental protections and public interest considerations. The tribunal concluded that the agreement was both efficient and sustainable, aligning with the objectives of the Waste Avoidance and Resource Recovery Act 2001. Consequently, the tribunal approved the application, affirming that the proposed agreement was in the public interest and met all necessary statutory requirements.

The tribunal’s final order was to approve the SUEZ Canada Bay Residential Collections Greenfields Agreement 2015, allowing SITA Australia Pty Ltd, trading as SUEZ Recycling and Recovery, to proceed with the implementation of the agreement as proposed.

SITA Australia Pty Ltd T/A SUEZ Recycling and Recovery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established