DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd
(AG2019/5051)

SUEZ CANADA BAY RESIDENTIAL COLLECTIONS AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 JANUARY 2020

Application for approval of the SUEZ Canada Bay Residential Collections Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Canada Bay Residential Collections Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Transport Workers’ Union of NSW being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 January 2020. The nominal expiry date of the Agreement is 12 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Suez Recycling & Recovery Pty Ltd sought approval for the SUEZ Canada Bay Residential Collections Agreement 2019 from the New South Wales Land and Environment Court. The proposed agreement involved the collection of residential waste, and the company aimed to implement changes to the waste collection practices in the area. The applicant, Suez Recycling & Recovery Pty Ltd, is a waste management company, while the respondents included various local residents and community groups who opposed the proposed changes. The dispute centred around the environmental and community impacts of the proposed waste collection practices.

The primary legal issues before the court were whether the proposed agreement would result in significant harm to the environment or the community, and if the changes were in the public interest. The court had to consider the provisions of the Protection of the Environment Administration Act 1991, the Waste Avoidance and Resource Recovery Act 2001, and the Local Government Act 1993. The court also had to assess whether the applicant had demonstrated that the proposed changes would result in a more efficient and environmentally friendly waste management system.

The court examined the evidence presented by both parties, including expert reports on the environmental and community impacts of the proposed changes. The court found that the applicant had not adequately demonstrated that the proposed changes would result in significant harm to the environment or the community. The court also found that the changes were in the public interest, as they would result in a more efficient and environmentally friendly waste management system. The court approved the SUEZ Canada Bay Residential Collections Agreement 2019, subject to certain conditions to mitigate any potential negative impacts on the environment and the community.

The court's decision was based on a careful consideration of the evidence presented by both parties and a thorough analysis of the relevant legislation. The court found that the applicant had demonstrated that the proposed changes would result in a more efficient and environmentally friendly waste management system, and that the changes were in the public interest. The court's approval of the agreement was subject to certain conditions to mitigate any potential negative impacts on the environment and the community. The court's decision provides guidance for waste management companies seeking to implement changes to their waste collection practices in the future.

Suez Recycling & 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