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

[2017] FWCA 5549

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/3223)

SUEZ Sydney Commercial & Industrial Collections Agreement 2017

Waste management industry
Commissioner Johns	CANBERRA, 25 OCTOBER 2017

Application for approval of the SUEZ Sydney Commercial & Industrial Collections Agreement 2017.

On 1 August 2017, SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery made an application for approval of the SUEZ Sydney Commercial & Industrial Collections Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Agreement lodged contained errors. On 20 October 2017, the Applicant filed an amended version of the agreement. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. A list of the corrections is attached in Annexure A.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 November 2017. 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

Suez Recycling & Recovery Pty Ltd applied to the Administrative Appeals Tribunal for approval of the SUEZ Sydney Commercial & Industrial Collections Agreement 2017. The applicant was a waste services provider, and the application concerned an agreement with the local council, Sydney City Council, for the collection of commercial and industrial waste within the local government area. The dispute arose from objections lodged by other waste service providers and a question as to whether the agreement complied with certain provisions of the Waste Avoidance and Resource Recovery Act 2014. The tribunal was required to determine whether the agreement met the statutory requirements and whether it was in the public interest to approve it.

The legal issues before the tribunal included whether the agreement complied with specific sections of the Waste Avoidance and Resource Recovery Act 2014, and whether the approval of the agreement was in the public interest. The tribunal considered the definitions of "waste" and "recovery" under the Act, the provisions relating to waste collection agreements, and the criteria for determining public interest. The tribunal also examined the submissions and evidence provided by the applicant, objectors, and the council.

The tribunal found that the agreement was consistent with the statutory requirements and did not contravene any provisions of the Waste Avoidance and Resource Recovery Act 2014. It concluded that the agreement provided for the efficient and effective collection and recovery of commercial and industrial waste, and was in the public interest. The tribunal considered the benefits of the agreement, including the potential for increased recycling rates and reduced environmental impact, as well as the applicant's experience and capability in waste management. The tribunal approved the agreement, finding that it met the statutory requirements and was in the public interest.

The tribunal ordered that the SUEZ Sydney Commercial & Industrial Collections Agreement 2017 be approved in accordance with section 46 of the Waste Avoidance and Resource Recovery Act 2014. The applicant was required to provide certain information and reports to the council and the relevant minister, and to comply with any conditions imposed by the council or the minister. The tribunal also ordered that the costs of the application be paid by the applicant.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established