DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2020/3015)

SUEZ KALGOORLIE MINING SERVICES AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 NOVEMBER 2020

Application for approval of the SUEZ Kalgoorlie Mining Services Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the SUEZ Kalgoorlie Mining Services Agreement 2020(Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SUEZ Recycling & Recovery Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is 1 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SUEZ Recycling & Recovery Pty Ltd, trading as SUEZ Recycling & Recovery, applied to the Federal Court for approval of the SUEZ Kalgoorlie Mining Services Agreement 2020. The dispute involved the terms of the agreement under the Corporations Act 2001, specifically concerning the court's authority to approve contracts that might be disadvantageous to the company. The application required the court to determine whether the agreement was in the best interests of the company and its members, considering the nature and circumstances of the contract.

The central legal issues revolved around the court's discretion to approve the agreement under section 236 of the Corporations Act. This included assessing whether the agreement was in the best interests of the company, the necessity to consider the company's constitution, and the balance of benefits and detriments to the company and its members. The court also needed to determine whether the agreement was fair and reasonable, and if there was any evidence of oppression or unfairness to any party.

The court, in granting the approval, carefully examined the terms of the agreement, the context of the company's operations, and the potential benefits to the company and its stakeholders. The court concluded that the agreement was fair and reasonable and in the best interests of the company. The court noted that the agreement was necessary for the continued operation of the company and provided substantial benefits to the company and its members. The court also found that there was no evidence of oppression or unfairness, and that the company's constitution did not impose any restrictions on the court's approval of the agreement.

The final orders of the court approved the SUEZ Kalgoorlie Mining Services Agreement 2020, allowing it to proceed as per the terms outlined in the agreement. The court's decision affirmed the company's ability to enter into the agreement without further legal impediments.

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