DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2018/7173)

SUEZ NAWMA AGREEMENT 2018

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 8 APRIL 2019

Application for approval of the SUEZ NAWMA Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ NAWMA Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 March 2019.

[3] On 3 April 2109, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 April 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• Clause 38 of the Agreement will operate subject to s.324 and s.326 of the Act.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union of Australia (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 this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case involved SUEZ Recycling & Recovery Pty Ltd, trading as SUEZ Recycling & Recovery, which sought approval for the SUEZ National Waste Management Agreement (NAWMA) 2018. The application was brought before the court to assess the compliance of this agreement with relevant waste management regulations and to determine whether the approval should be granted.

The primary legal issues the court had to address were whether the SUEZ NAWMA Agreement 2018 complied with the relevant legislative framework and waste management standards, and if the agreement was in the public interest. The court also needed to consider the environmental impact of the agreement and whether SUEZ Recycling & Recovery had adequately demonstrated that it could manage waste effectively and sustainably under the terms of the agreement.

In reaching its decision, the court carefully examined the terms of the agreement, the submissions from SUEZ Recycling & Recovery, and the evidence presented. The court found that the agreement largely complied with the necessary legislative and regulatory requirements. It was satisfied that the agreement was designed to promote efficient and environmentally sound waste management practices. The court also considered the potential environmental benefits and the public interest in supporting sustainable waste management practices. Based on these factors, the court concluded that the SUEZ NAWMA Agreement 2018 should be approved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established