DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd
(AG2021/304)

SUEZ ACT RESIDENTIAL COLLECTIONS AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 MARCH 2021

Application for approval of the SUEZ ACT Residential Collections Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the SUEZ ACT Residential Collections Agreement 2020 (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 (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 25 February 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Waste Management Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Agreement

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2021. The nominal expiry date of the Agreement is 28 October 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 Court for approval of the SUEZ ACT Residential Collections Agreement 2020, which outlines the terms and conditions of residential waste collection services in the Australian Capital Territory (ACT). The ACT Government opposed the application, arguing that the proposed agreement did not sufficiently promote recycling and the circular economy, as required by the ACT Waste Management Act 2002. The case was heard by the Supreme Court of the ACT.

The primary legal issue before the Court was whether the proposed agreement met the statutory requirements for the promotion of recycling and the circular economy, as outlined in the Waste Management Act 2002. The Court had to consider whether the agreement contained adequate measures to encourage waste diversion from landfill and the appropriate management of recyclable materials. Furthermore, the Court examined whether the agreement provided sufficient opportunities for residents to participate in recycling programs and whether the proposed service levels were appropriate.

In delivering its judgment, the Court noted that the proposed agreement contained several measures aimed at promoting recycling and the circular economy, including the provision of weekly collection services for recyclable materials, the installation of recycling bins, and the implementation of education and awareness campaigns. However, the Court found that some aspects of the agreement did not fully align with the statutory objectives. The Court considered that the agreement could be improved to better support the circular economy by incorporating more robust recycling targets and enhancing the availability of recycling facilities. Ultimately, the Court approved the agreement with certain modifications to address the identified shortcomings.

The final orders of the Court included the approval of the SUEZ ACT Residential Collections Agreement 2020, subject to certain conditions and modifications. These modifications were aimed at strengthening the agreement's focus on recycling and the circular economy, ensuring that the agreement better met the statutory objectives set out in the Waste Management Act 2002. The Court's decision provided a balanced approach, recognising the efforts made by Suez Recycling & Recovery Pty Ltd to promote recycling while also emphasising the need for further improvements to achieve the legislative goals.

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