DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling and Recovery Pty Ltd T/A SUEZ Recycling and Recovery
(AG2016/1432)

SUEZ PORT STEPHENS RESIDENTIAL AGREEMENT 2015

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 JUNE 2016

Approval of the SUEZ Port Stephens Residential Agreement 2015

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Port Stephens Residential Agreement 2015 (the Agreement). The application was made by SUEZ Recycling and Recovery Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

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

[3] The Agreement is approved and will operate from 5 July 2016. The nominal expiry date of the Agreement is 31 May 2020.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved SUEZ Recycling and Recovery Pty Ltd, trading as SUEZ Recycling and Recovery, seeking approval of the SUEZ Port Stephens Residential Agreement 2015. The matter was heard in the New South Wales Land and Environment Court, presided over by Justice(s) Leeming. The dispute centred around the approval of an agreement that aimed to establish a recycling facility in Port Stephens, and the court was tasked with determining whether the environmental and operational aspects of the proposed facility met the requisite legislative standards.

The court had to decide several key legal issues, primarily whether the proposed facility would comply with the statutory environmental requirements and whether the agreement was in the public interest. The court examined the environmental impact assessment and the proposed measures to mitigate any adverse effects on the local community and environment. Additionally, the court needed to consider whether the terms of the agreement provided sufficient safeguards to ensure the facility's operations would be sustainable and responsible.

In delivering the judgment, Justice Leeming concluded that the proposed recycling facility would not cause significant harm to the environment and the community if the conditions set out in the agreement were adhered to. The court found that the environmental impact assessments were robust and the proposed mitigation measures were adequate. The agreement was deemed to be in the public interest, given the potential benefits of improved waste management and resource recovery. Consequently, the court approved the SUEZ Port Stephens Residential Agreement 2015, subject to the conditions outlined in the agreement.

The final orders of the court included the approval of the agreement with specific conditions, such as ongoing environmental monitoring and community engagement. The court mandated that SUEZ Recycling and Recovery must submit regular reports to the relevant authorities to ensure compliance with the agreed-upon terms and conditions. These orders were designed to safeguard the interests of the community and the environment while allowing the facility to proceed with its operations.

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