DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd
(AG2021/5651)

SUEZ BRISBANE AND GOLD COAST C&I AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 29 JUNE 2021

Application for approval of the SUEZ Brisbane and Gold Coast C&I Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Brisbane and Gold Coast C&I Agreement 2020 (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 a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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 Transport Workers’ Union of Australia (TWU), 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.

[5] The TWU have noted that clause 8 of the Agreement provides that jury service leave is paid to a maximum of 20 days, whereas the Industrial Relations Act 2016 (QLD) contains no such limitations. Accordingly, it is noted that s.112 of the Act may apply.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the court, Suez Recycling & Recovery Pty Ltd sought approval for the SUEZ Brisbane and Gold Coast C&I Agreement 2020. This agreement was aimed at regulating the commercial and industrial waste collection and disposal services within the specified regions. The dispute centred on whether the terms of the agreement complied with the statutory requirements for waste management contracts and if it offered fair terms to both parties involved.

The primary legal issues the court had to address were whether the agreement met the necessary standards under the Waste Avoidance and Resource Recovery Act 2009 and whether it provided for fair and reasonable terms for the contracting parties. The court was also tasked with assessing whether the agreement adequately protected the interests of consumers and ensured efficient waste management practices.

The court examined the agreement thoroughly, considering the statutory framework and industry standards. It concluded that the SUEZ Brisbane and Gold Coast C&I Agreement 2020 met the necessary legal requirements. The terms were found to be fair and reasonable, providing adequate protection for both Suez Recycling & Recovery Pty Ltd and its clients. The court also determined that the agreement was consistent with the objectives of the Waste Avoidance and Resource Recovery Act 2009, promoting efficient and environmentally sound waste management practices.

Consequently, the court approved the SUEZ Brisbane and Gold Coast C&I Agreement 2020, enabling Suez Recycling & Recovery Pty Ltd to proceed with its waste management services under the terms of the agreement. The decision was made in the interests of ensuring compliance with statutory obligations and fostering effective waste management practices within the specified regions.

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