DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling and Recovery Pty Ltd
(AG2019/1880)

SUEZ ACT RESIDENTIAL COLLECTIONS AGREEMENT 2019

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

Application for approval of the SUEZ ACT Residential Collections Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ ACT Residential Collections Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Suez Recycling and Recovery Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] The Transport Workers’ Union of Australia (TWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Suez Recycling and Recovery Pty Ltd, the applicant sought approval of the SUEZ ACT Residential Collections Agreement 2019, which was a proposal for the collection of residential waste in the ACT region. The application was made to the Australian Competition and Consumer Commission (ACCC), which was the relevant authority for such approvals. The primary dispute centred on whether the proposed agreement complied with the relevant legislative and regulatory frameworks governing waste management services in the region.

The legal issues before the ACCC revolved around whether the SUEZ ACT Residential Collections Agreement 2019 met the criteria for approval under the applicable laws. Specifically, the ACCC had to determine if the agreement would foster competition, prevent anti-competitive practices, and ensure that it was in the public interest. Additionally, the ACCC needed to assess the potential impact of the agreement on consumers and other market participants.

In reaching its decision, the ACCC considered various factors, including the potential for the agreement to enhance efficiency and service quality in residential waste collection, the level of competition in the market, and the agreement's alignment with broader policy objectives. The ACCC concluded that the proposed agreement would not substantially lessen competition and would, in fact, benefit consumers through improved service quality and cost efficiencies. Consequently, the ACCC approved the SUEZ ACT Residential Collections Agreement 2019, finding it to be in the public interest and compliant with relevant legislative requirements.

The final orders of the ACCC were that the SUEZ ACT Residential Collections Agreement 2019 be approved, effective from the date of the decision. This approval allowed Suez Recycling and Recovery Pty Ltd to implement the agreement, subject to ongoing compliance with the terms and conditions set out in the approval.

Suez Recycling and Recovery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established