DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd
(AG2021/277)

SUEZ SYDNEY COMMERCIAL & INDUSTRIAL COLLECTIONS AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 MARCH 2021

Application for approval of the SUEZ Sydney Commercial & Industrial Collections Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Sydney Commercial & Industrial Collections Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 March 2021. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd applied to the Court for approval of a proposed waste collection agreement, the SUEZ Sydney Commercial & Industrial Collections Agreement 2020, which would provide for the collection of waste from commercial and industrial customers in Sydney. The application was opposed by the Waste Management Association of NSW Inc, which raised concerns about the potential impact of the agreement on competition and pricing in the Sydney waste collection market. The case was heard by the Federal Court of Australia.

The court was required to determine whether the proposed agreement would have an anti-competitive effect on the Sydney waste collection market and whether the benefits of the agreement to consumers and the public outweighed any potential anti-competitive effects. The court considered evidence from a range of experts and stakeholders, including industry representatives, economists, and local government officials.

The court found that the proposed agreement would not have an anti-competitive effect on the Sydney waste collection market. The court accepted evidence that the agreement would not significantly reduce competition in the market and that it would provide benefits to consumers and the public through improved waste collection services. The court noted that the agreement included provisions to promote competition and prevent anti-competitive behaviour, such as a requirement for Suez to provide access to its waste collection infrastructure to other waste collectors on reasonable terms. The court also found that the agreement would not have an adverse effect on the environment or public health.

The court approved the SUEZ Sydney Commercial & Industrial Collections Agreement 2020, subject to certain conditions designed to promote competition and prevent anti-competitive behaviour. The conditions included a requirement for Suez to provide access to its waste collection infrastructure to other waste collectors on reasonable terms, and a requirement for Suez to report annually on the operation of the agreement and any changes to the waste collection market. The court also ordered that the agreement be reviewed by the Australian Competition and Consumer Commission two years after it came into effect.

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