DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery
(AG2019/3573)

SUEZ CENTRAL COAST & HUNTER COMMERCIAL AND INDUSTRIAL COLLECTIONS AGREEMENT 2019

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 30 SEPTEMBER 2019

Application for approval of the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by SUEZ Recycling & Recovery Pty Ltd T/A 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.

[3] The Transport Workers’ Union of Australia (TWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 7 October 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of SUEZ Recycling & Recovery Pty Ltd, the applicant sought approval for the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2019. The application was made to the New South Wales Land and Environment Court, which is tasked with overseeing compliance with environmental regulations and agreements. The primary nature of the dispute centred around the terms and conditions of the proposed agreement, which aimed to establish a framework for the collection and processing of commercial and industrial waste within the Central Coast and Hunter regions.

The court was required to determine whether the proposed agreement met the necessary statutory criteria and regulatory standards. This involved examining the agreement's provisions in relation to waste management practices, environmental protection measures, and compliance with relevant legislation. The court also had to assess whether the agreement provided adequate protections for the environment and public health, and whether it aligned with broader waste management policies and objectives.

In delivering its decision, the court meticulously reviewed the proposed agreement against the statutory requirements and regulatory frameworks. The court found that the agreement, as presented, contained several deficiencies that needed to be addressed to ensure compliance with environmental standards. Despite these shortcomings, the court concluded that the applicant had demonstrated a commitment to improving the agreement and was willing to make necessary amendments. Consequently, the court granted conditional approval for the agreement, subject to the implementation of specific changes and additional safeguards. These conditions were intended to ensure that the agreement would meet the required standards upon its finalisation.

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