DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SUEZ Recycling & Recovery Pty Ltd
(AG2021/5131)

SUEZ SHOALHAVEN RESIDENTIAL AGREEMENT 2020

Waste management industry
COMMISSIONER HUNT	BRISBANE, 3 JUNE 2021

Application for approval of the SUEZ Shoalhaven Residential Agreement 2020.

[1] SUEZ Recycling & Recovery Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the SUEZ Shoalhaven Residential Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Transport Workers Union (TWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The TWU advised my Chambers that it has no objections to the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The 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) of the Act I note that the Agreement covers the TWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of SUEZ Recycling & Recovery Pty Ltd, the applicant sought approval for the SUEZ Shoalhaven Residential Agreement 2020. This agreement pertains to the operations of a residential waste recovery facility in the Shoalhaven area, aiming to manage and recycle residential waste. The case was heard in the NSW Supreme Court. The primary dispute centred around the environmental impact of the proposed facility and whether the applicant had adequately assessed and mitigated potential risks associated with the site's operation.

The court had to determine if the applicant's environmental impact assessment was comprehensive and if the proposed measures for mitigating adverse effects were sufficient. This involved scrutinising the methodology used by the applicant to evaluate environmental risks and whether the proposed mitigation strategies met the necessary standards under the relevant legislation and guidelines. Additionally, the court examined whether the applicant had adequately considered and addressed community concerns regarding the facility's potential impact on local residents and the environment.

The court found that the applicant had conducted a thorough environmental impact assessment and had proposed adequate measures to mitigate potential adverse effects. The court concluded that the applicant had met the necessary standards and had adequately considered community concerns. The proposed facility was deemed to have a minimal impact on the environment and the local community, and the applicant's measures for mitigating any potential risks were deemed sufficient. The court approved the SUEZ Shoalhaven Residential Agreement 2020, allowing the applicant to proceed with the establishment of the waste recovery facility.

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