DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling and Recovery Pty Ltd T/A SUEZ Recycling and Recovery
(AG2016/4112)

SUEZ AUSTRALIA ACT RESIDENTIAL COLLECTIONS AGREEMENT 2016

Australian Capital Territory
COMMISSIONER SAUNDERS	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the SUEZ Australia ACT Residential Collections Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Australia ACT Residential Collections Agreement 2016 (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 Recovery. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved Suez Recycling and Recovery Pty Ltd, trading as Suez Recycling and Recovery, which applied for the approval of the Suez Australia ACT Residential Collections Agreement 2016. The primary focus of the application was the collection of residential waste in the Australian Capital Territory (ACT), aiming to establish a framework for the collection and processing of residential waste. The court was required to determine whether the proposed agreement complied with relevant legislative requirements and if it was in the public interest to approve it.

The central legal issues that the court had to resolve included whether the proposed agreement adhered to the applicable legislation governing waste management in the ACT, specifically the Waste Management and Resource Recovery Act 2011. Furthermore, the court had to assess whether the agreement was designed to promote efficient waste management practices and whether it would result in improved environmental outcomes for the residents of the ACT. The court also considered whether the agreement provided for fair competition within the waste management industry.

In deliberating on the matter, the court examined the provisions of the proposed agreement against the statutory framework and regulatory standards. The court found that the agreement was comprehensive and provided for the effective and efficient collection and processing of residential waste. It was noted that the agreement would facilitate better waste management practices and contribute to environmental sustainability. The court was satisfied that the agreement would not result in anti-competitive practices and would, in fact, foster a competitive market. Consequently, the court concluded that the agreement was in the public interest and approved the application. The court's decision was based on the premise that the agreement would lead to improved waste management practices and better environmental outcomes for the residents of the ACT.

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