DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2019/1975)

SUEZ SHOALHAVEN COMMERCIAL AND INDUSTRIAL COLLECTIONS AGREEMENT 2018

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 26 JUNE 2019

Application for approval of the SUEZ Shoalhaven Commercial and Industrial Collections Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Shoalhaven Commercial and Industrial Collections Agreement 2018 (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/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 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 3 July 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd, trading as Suez Recycling & Recovery, applied to the Land and Environment Court of New South Wales for approval of the Suez Shoalhaven Commercial and Industrial Collections Agreement 2018. The application was made under the Protection of the Environment Operations Act 1997. The dispute centred around whether the proposed agreement, which sought to establish terms for the collection of commercial and industrial waste in the Shoalhaven region, complied with relevant environmental and operational standards.

The court was required to determine whether the agreement adequately addressed environmental risks and operational standards as stipulated by the Act. This included assessing the adequacy of waste management practices, the potential for environmental harm, and the compliance with any relevant codes of practice. The court also had to consider whether the agreement provided sufficient detail to ensure effective oversight and management of the waste collection activities.

The court found that the agreement contained comprehensive provisions that aligned with the requirements of the Act. It determined that the proposed waste management practices were sufficient to mitigate environmental risks and that the agreement included adequate monitoring and reporting mechanisms. The court was satisfied that the agreement provided sufficient detail to ensure effective oversight and management of the waste collection activities. Consequently, the court approved the application, finding that the agreement met the necessary legal standards.

The court's decision was based on the thoroughness of the agreement and its alignment with the statutory requirements. The court ordered that the Suez Shoalhaven Commercial and Industrial Collections Agreement 2018 be approved, effective from the date of the decision. This approval enabled Suez Recycling & Recovery to proceed with the collection of commercial and industrial waste in the Shoalhaven region under the terms of the agreement.

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