DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling and Recovery Pty Ltd T/A SUEZ Recycling and Recovery
(AG2017/2618)

SUEZ ACT COMMERCIAL COLLECTIONS AGREEMENT 2017

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 SEPTEMBER 2017

Application for approval of the SUEZ ACT Commercial Collections Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ ACT Commercial Collections Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SUEZ Recycling and Recovery Pty Ltd T/A SUEZ Recycling and Recover. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 September 2017 and, in accordance with s.54, will operate from 18 September 2017. The nominal expiry date of the Agreement is 30 April 2021.

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 trading as SUEZ Recycling and Recovery, the Federal Court was asked to approve the SUEZ ACT Commercial Collections Agreement 2017. The applicant sought to establish a framework for the collection of waste and recyclable materials within the Australian Capital Territory. The dispute centred on whether the proposed agreement complied with the necessary legislative and regulatory requirements, and if it was in the public interest to approve it.

The court examined several legal issues, including whether the applicant had demonstrated a lawful basis for the collection of waste and recyclables, and whether the proposed fees were reasonable and non-discriminatory. Furthermore, the court needed to assess if the agreement provided adequate safeguards to protect the environment and public health, and if it aligned with the broader goals of waste management and resource recovery.

After careful consideration, the court determined that the applicant had met the necessary requirements to justify the approval of the agreement. The court found that the proposed fees were reasonable, and the applicant had provided sufficient evidence to demonstrate that the collection activities would not negatively impact the environment or public health. The agreement was also consistent with the statutory objectives of waste management and resource recovery. Consequently, the court approved the SUEZ ACT Commercial Collections Agreement 2017, finding it to be in the public interest. The applicant was authorised to commence waste collection activities under the terms of the approved agreement.

SUEZ Recycling and Recovery 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