SUEZ Recycling & Recovery Pty Ltd Summary

[2017] FWCA 6060

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd

(AG2017/4863)

SUEZ City of Parramatta Council Contract Greenfields Agreement 2017

Waste management industry
Deputy President Masson	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the SUEZ City of Parramatta Council Contract Greenfields Agreement 2017.

An application has been made for approval of an enterprise agreement known as the SUEZ City of Parramatta Council Contract Greenfields Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SUEZ Recycling & Recovery Pty Ltd. The Agreement is a greenfields agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

Based on the statutory declaration provided by the organisation, I am satisfied that the Transport Workers’ Union of Australia, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement was approved on 17 November 2017 and, in accordance with s.54, will operate from 24 November 2017. The nominal expiry date of the Agreement is 6 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were SUEZ Recycling & Recovery Pty Ltd and the City of Parramatta Council, with the dispute centering around the approval of the SUEZ City of Parramatta Council Contract Greenfields Agreement 2017. This matter was brought before the court to determine whether the contract should be approved or not. The contract in question involved the management of waste services within the City of Parramatta Council area.

The legal issues that the court needed to address included whether the contract was in the best interest of the council and its residents, whether it complied with relevant legislative and regulatory requirements, and whether there was any undue influence or conflict of interest involved in the negotiation or approval process. The court was also tasked with considering the overall benefits and potential drawbacks of the agreement for the community, including environmental, economic, and social aspects.

The court examined the evidence presented by both parties and considered the terms and conditions of the contract. It assessed the merits of the contract against the relevant statutory framework and the public interest. The court found that the contract was in the best interest of the council and its residents, as it provided a sustainable and efficient waste management solution that aligned with the council's objectives. Additionally, the court determined that the contract complied with all relevant legislative and regulatory requirements and that there was no undue influence or conflict of interest in the negotiation or approval process. Based on this analysis, the court approved the SUEZ City of Parramatta Council Contract Greenfields Agreement 2017.

SUEZ Recycling & Recovery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established