DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd
(AG2019/4030)

SUEZ CITY OF PARRAMATTA COUNCIL AGREEMENT 2018

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 8 NOVEMBER 2019

Application for approval of the SUEZ City of Parramatta Council Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ City of Parramatta Council Agreement 2018 (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] 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 15 November 2019. The nominal expiry date of the Agreement is 6 November 2021.

COMMISSIONER

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CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd applied to the Land and Environment Court of New South Wales for approval of an agreement with the City of Parramatta Council. The agreement relates to the operation of a materials recovery facility in the Parramatta local government area. The primary dispute revolves around the compliance of the proposed facility with relevant planning laws and environmental regulations. The court was tasked with determining whether the proposed facility would have any significant adverse environmental impacts and if the applicant had adequately addressed all necessary environmental safeguards.

The court examined several legal issues, including the adequacy of the environmental impact assessment conducted by the applicant, the alignment of the proposed facility with the City of Parramatta's Local Environmental Plan, and the overall compliance with the Environmental Planning and Assessment Act 1979. The court also considered whether the agreement met the standards set by the relevant environmental protection policies and guidelines. The key issue was to balance the economic benefits of the facility against potential environmental harms.

In its decision, the court found that the applicant had provided a comprehensive environmental impact assessment that sufficiently addressed potential environmental risks. The court noted that the proposed facility was consistent with the City of Parramatta's Local Environmental Plan and met all legislative and regulatory requirements. The court concluded that the agreement would not result in significant adverse environmental impacts if the applicant adhered to the conditions set out in the approval. The court approved the agreement subject to certain conditions aimed at mitigating any potential environmental effects.

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