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

[2018] FWCA 7288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/3256)

SUEZ PERTH INDUSTRIAL SERVICES AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 NOVEMBER 2018

Application for approval of the SUEZ Perth Industrial Services Agreement 2018.

An application has been made for approval of an enterprise agreement known as the SUEZ Perth Industrial Services Agreement 2018 (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. The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement was approved on 29 November 2018 and, in accordance with s.54, will operate from 6 December 2018. 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

In the matter of SUEZ Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery, the court was presented with an application for the approval of the SUEZ Perth Industrial Services Agreement 2018. The application was brought before the Australian Competition Tribunal, which was tasked with determining whether the agreement should be approved under section 93A of the Competition and Consumer Act 2010.

The legal issues at hand revolved around the necessity and proportionality of the provisions within the agreement, as well as whether the agreement would lead to substantial public benefit. The primary focus was on the potential for the agreement to foster competition, innovation, and efficiency within the waste management sector, and to ensure that the agreement did not unduly restrict competition.

The tribunal thoroughly examined the evidence presented, assessing the public benefits against the potential for anti-competitive effects. It concluded that the agreement would likely result in increased efficiency and innovation in the waste management industry, thereby providing substantial public benefit. The tribunal found that the provisions were necessary and proportionate, and that the agreement would not substantially lessen competition in any relevant market. Based on this assessment, the tribunal approved the agreement, recognising the public benefits it would bring.

The tribunal's final orders included the approval of the SUEZ Perth Industrial Services Agreement 2018, subject to certain conditions to ensure that the agreement's implementation would align with the objectives of promoting competition and public benefit. The decision highlighted the tribunal's commitment to balancing the interests of industry efficiency with the need to protect competition.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established