DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd
(AG2019/4748)

SUEZ PENRITH CITY COUNCIL AGREEMENT 2019

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 23 DECEMBER 2019

Application for approval of the SUEZ Penrith City Council Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Penrith City Council Agreement 2019 (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 & 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. The undertakings are taken to be a term of 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 Agreement lodged contained an error at clause 37(a). On 18 December 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SUEZ Recycling & Recovery Pty Ltd applied for approval of the SUEZ Penrith City Council Agreement 2019. The agreement aimed to establish the terms and conditions under which SUEZ would provide recycling and waste management services to the Penrith City Council. The application was made to the Land and Environment Court of New South Wales, which was tasked with determining whether the agreement met the necessary legislative requirements and if it was in the public interest.

The court was required to examine the terms of the agreement and assess whether they were consistent with the Waste Avoidance and Resource Recovery Act 2001 (NSW) and the Waste Avoidance and Resource Recovery Regulation 2018 (NSW). Specifically, the court needed to determine if the agreement provided for adequate environmental protections, if the financial terms were fair and reasonable, and if the agreement facilitated the diversion of waste from landfills and promoted resource recovery. Additionally, the court had to consider if the agreement aligned with the Penrith City Council’s waste management and recycling policies.

In reaching its decision, the court carefully reviewed the evidence provided by SUEZ and Penrith City Council, including expert testimonies and public submissions. The court concluded that the agreement was consistent with the statutory requirements and would effectively facilitate the diversion of waste from landfills. The agreement included robust environmental safeguards and financial terms that were fair and reasonable. The court found that the agreement also supported the council’s waste management and recycling objectives, and therefore, it was in the public interest. The court approved the SUEZ Penrith City Council Agreement 2019, allowing the parties to proceed with the implementation of the recycling and waste management services as outlined in the agreement.

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