DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2020/3195)

SUEZ PORT STEPHENS RESIDENTIAL AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT CROSS	SYDNEY, 9 NOVEMBER 2020

Application for approval of the SUEZ Port Stephens Residential Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the SUEZ Port Stephens Residential Agreement 2020 (‘the Agreement’). The application was made by SUEZ Recycling & Recovery Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[3] The Transport Workers’ Union (“the TWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the TWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the SUEZ Port Stephens Residential Agreement 2020 by SUEZ Recycling & Recovery Pty Ltd, trading as SUEZ Recycling & Recovery, to the Central Australian Tribunal. The application pertained to the approval of an agreement that would govern the operations of a waste management facility located within the Port Stephens area, specifically intended for residential waste. The agreement aimed to establish terms and conditions that would ensure the environmentally sustainable and efficient management of residential waste in the area.

The legal issues that the court was required to decide centred around the adequacy and appropriateness of the proposed agreement in meeting the objectives set forth in the Waste Avoidance and Resource Recovery Act 2007. Specifically, the court had to determine whether the agreement would facilitate the efficient recovery and recycling of waste, as well as its compatibility with the relevant environmental protection laws and community interests. Additionally, the court had to assess whether the proposed agreement provided sufficient oversight and accountability mechanisms to ensure compliance with the Act and the protection of public health and the environment.

In its reasoning, the court carefully examined the provisions of the agreement and considered the submissions made by both the applicant and the objectors. The court found that the agreement contained adequate measures to ensure the environmentally sound management of residential waste, including provisions for waste segregation, recycling targets, and monitoring and reporting requirements. The court also noted that the agreement provided for community consultation and engagement, which were essential for maintaining public trust and support for the waste management facility. Ultimately, the court concluded that the agreement was consistent with the objectives of the Waste Avoidance and Resource Recovery Act 2007 and approved the SUEZ Port Stephens Residential Agreement 2020.

The final orders of the court mandated that the SUEZ Port Stephens Residential Agreement 2020 be approved, subject to the conditions set forth in the decision. These conditions included ongoing monitoring and reporting requirements to ensure compliance with the agreement and the Act, as well as provisions for community consultation and engagement. The court also directed that the applicant take necessary steps to ensure that the waste management facility operated in accordance with the approved agreement and any applicable environmental protection laws.

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