DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery
(AG2016/6800)

SUEZ CENTRAL COAST & HUNTER COMMERCIAL AND INDUSTRIAL COLLECTIONS AGREEMENT 2016

Waste management industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Suez Central Coast & Hunter Commercial and Industrial Collections Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Suez Central Coast & Hunter Commercial and Industrial 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/As Suez Recycling & Recovery. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] 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.

[4] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Land and Environment Court of New South Wales, the applicant, Suez Recycling & Recovery Pty Ltd trading as Suez Recycling & Recovery, sought approval for the Suez Central Coast & Hunter Commercial and Industrial Collections Agreement 2016. This agreement pertained to the management of commercial and industrial waste collection within the specified regions. The applicant aimed to secure the court's approval to ensure compliance with environmental and regulatory standards.

The primary legal issues revolved around whether the proposed agreement met the necessary statutory requirements and whether it provided sufficient environmental safeguards. The court had to determine if the agreement adhered to the provisions of the Protection of the Environment Operations Act 1997 and other relevant legislation. Additionally, the court needed to assess if the agreement included adequate measures to prevent environmental harm and ensure proper waste management practices.

The court meticulously reviewed the terms of the agreement and considered submissions from the applicant and other interested parties. It was satisfied that the agreement comprehensively addressed the necessary environmental and operational requirements. The court found that the agreement included provisions for waste tracking, record-keeping, and adherence to environmental standards, which were in line with the statutory obligations. Consequently, the court approved the agreement, finding it to be in the public interest and compliant with the relevant legislation.

The court's final order granted approval for the Suez Central Coast & Hunter Commercial and Industrial Collections Agreement 2016, subject to the terms and conditions outlined in the court's decision. This approval enabled the applicant to proceed with the implementation of the agreement, provided that all stipulated environmental and operational standards were maintained.

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