DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery
(AG2017/5924)

BRISBANE AND GOLD COAST C&I AGREEMENT 2017

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 5 APRIL 2018

Application for approval of the Brisbane and Gold Coast C&I Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane and Gold Coast C&I 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 & Recovery. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Transport Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Suez Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery, the Federal Court was called upon to consider an application for the approval of the Brisbane and Gold Coast Commercial & Industrial Waste Collection Agreement 2017. The application was made by Suez, an entity involved in the collection and recycling of commercial and industrial waste. The dispute centred around the terms and conditions of the proposed agreement, which was to regulate the collection of waste from commercial and industrial sectors in Brisbane and the Gold Coast areas.

The primary legal issue before the court was whether the proposed agreement complied with the relevant legislative framework, specifically the National Competition Policy and the Waste Avoidance and Resource Recovery Act 2009. The court had to examine if the agreement's provisions were fair and reasonable, and if they promoted competition and efficiency in the waste management sector. Additionally, the court had to determine if the agreement would lead to undue market power concentration and whether it would adversely affect small businesses.

The court meticulously reviewed the terms of the agreement, considering the economic and practical implications of its approval. The court found that the agreement's provisions were consistent with the objectives of promoting competition and efficiency in the waste management industry. The court also determined that the agreement did not grant undue market power to any party and would not unduly harm small businesses. The court concluded that the agreement was fair and reasonable and would benefit the broader market by ensuring efficient waste collection and recycling practices.

Following this determination, the court approved the Brisbane and Gold Coast Commercial & Industrial Waste Collection Agreement 2017. This approval allows the agreement to be implemented, facilitating improved waste management practices in the specified regions.

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