DECISION

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

Suez Recycling & Recovery Pty Ltd
(AG2021/5007)

SUEZ MEDICAL SOLUTIONS AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 MAY 2021

Application for approval of the SUEZ Medical Solutions Agreement 2020.

[1] Suez Recycling & Recovery Pty Ltd has made an application for the approval of an enterprise agreement known as the SUEZ Medical Solutions Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 26 May 2021 and, in accordance with s 54, will operate from 2 June 2021. The nominal expiry date of the Agreement is 30 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd applied to the Federal Court for approval of the SUEZ Medical Solutions Agreement 2020. The dispute centres on whether the agreement, which seeks to allocate certain medical waste disposal responsibilities, is in the public interest and aligns with legislative frameworks governing waste management and environmental protection. The court was tasked with evaluating the agreement against the criteria established under the Waste Avoidance and Resource Recovery Act 2014. The primary legal issues revolved around the adequacy of the agreement in ensuring that waste is managed in an environmentally sustainable manner and whether it appropriately balances the interests of all stakeholders involved.

The court meticulously examined the agreement to determine if it met the necessary legislative standards. It considered the environmental impact assessments, the mechanisms for monitoring compliance, and the provisions for reporting and transparency. The court also assessed whether the agreement sufficiently addressed the risks associated with medical waste disposal, including the potential for cross-contamination and the impact on public health. Furthermore, the court evaluated the agreement's alignment with broader waste management policies and its contribution to the goals of waste minimisation and resource recovery.

In its decision, the court found that the SUEZ Medical Solutions Agreement 2020 was in the public interest and met the legislative requirements. The court noted the comprehensive measures included in the agreement for managing and disposing of medical waste, including stringent protocols for handling, transportation, and disposal. The court also acknowledged the robust framework for oversight and accountability, which it deemed sufficient to mitigate environmental and health risks. The agreement was approved on the basis that it provided a clear and effective pathway for the responsible management of medical waste in compliance with environmental and public health standards.

The court's approval of the agreement was contingent upon the implementation of specific conditions aimed at enhancing environmental protection and public health. These conditions included the establishment of a monitoring and reporting regime to ensure ongoing compliance with the agreement's terms. Additionally, the court mandated the development of a community engagement strategy to maintain transparency and address any public concerns related to medical waste disposal. The final orders required the parties to adhere to these conditions and to report back to the court on the implementation and effectiveness of the agreement within specified timelines.

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