| [2017] FWCA 5725 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2017/3346)
SUEZ Canada Bay Residential Collections Agreement 2016
| Waste management industry | |
| Commissioner Harper-Greenwell | MELBOURNE, 2 NOVEMBER 2017 |
Application for approval of the SUEZ Canada Bay Residential Collections Agreement 2016.
An application has been made for approval of an enterprise agreement known as the SUEZ Canada Bay Residential Collections Agreement 2016 (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.
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.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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.
The Agreement was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 12 October 2019.
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Annexure A
- AGLC
- SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery [2017] FWCA 5725
- Case
- [2017] FWCA 5725
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed agreement met the statutory requirements for approval under the Waste Avoidance and Resource Recovery Act 2015. The court had to determine if the agreement complied with the legislative standards and if it was in the public interest to approve the agreement. The court also had to consider the impact of the agreement on the local community, including its potential environmental benefits and any possible drawbacks.
The court meticulously reviewed the application, examining the terms and conditions of the SUEZ Canada Bay Residential Collections Agreement 2016. It considered the evidence provided by SUEZ, including the expected improvements in waste management practices and the anticipated environmental benefits. The court concluded that the agreement adhered to the statutory requirements and was in the public interest. The court was satisfied that the agreement would lead to more efficient waste collection and better resource recovery, which aligned with legislative objectives. The court approved the agreement, highlighting its positive impact on the local community.
The court's decision was definitive, granting approval for the SUEZ Canada Bay Residential Collections Agreement 2016. The agreement was deemed to meet the necessary statutory standards and was in the public interest. The court's approval allowed SUEZ to implement the proposed waste collection services within the Canada Bay Council area, as per the terms of the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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