DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling and Recovery
(AG2017/3479)

SUEZ PENRITH CITY COUNCIL AGREEMENT 2017

Waste management industry
COMMISSIONER SAUNDERS	NEWCASTLE, 16 NOVEMBER 2017

Application for approval of the SUEZ Penrith City Council Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Penrith City Council Agreement 2017 (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 T/A SUEZ Recycling and Recovery. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling and Recovery, the court was asked to consider an application for approval of the SUEZ Penrith City Council Agreement 2017. The applicant, SUEZ Recycling & Recovery, sought approval for a waste management agreement with Penrith City Council. This agreement outlined the terms under which SUEZ would provide recycling and waste disposal services to the council. The court's role was to assess whether the terms of the agreement were in the best interests of the council and its residents.

The primary legal issues the court needed to address included whether the proposed agreement complied with relevant statutory requirements and if it provided value for money to Penrith City Council. The court also had to consider the public interest, ensuring that the agreement would benefit the council and its residents without unduly disadvantaging any party. Furthermore, the court examined the transparency and fairness of the agreement, ensuring that the process through which the agreement was negotiated and proposed was appropriate.

In delivering its decision, the court thoroughly reviewed the terms of the proposed agreement and the evidence presented by both SUEZ and the council. The court found that the agreement was compliant with statutory requirements and would provide value for money to Penrith City Council. It was also determined that the agreement would serve the public interest by providing efficient and effective waste management services. The court was satisfied with the transparency and fairness of the negotiation process, concluding that the agreement was in the best interests of the council and its residents. The court approved the application for the SUEZ Penrith City Council Agreement 2017.

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling and Recovery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established