DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2020/4176)

SUEZ CENTRAL COAST & HUNTER COMMERCIAL AND INDUSTRIAL COLLECTIONS AGREEMENT 2020

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2021

Application for approval of the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of SUEZ Recycling & Recovery Pty Ltd, the court was presented with an application for approval of the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020. The applicant sought to formalise the terms and conditions governing waste collection services within the Central Coast and Hunter regions of New South Wales. The application was brought before the Land and Environment Court of New South Wales.

The legal issues before the court centred on whether the proposed agreement complied with the requirements set forth under the Waste Avoidance and Resource Recovery Act 2016. The applicant needed to demonstrate that the agreement was consistent with statutory obligations, including the promotion of waste avoidance, minimisation, and resource recovery. The court also had to determine if the proposed terms were fair and reasonable for both the service provider and the customers.

In delivering the decision, the court found that the applicant had adequately demonstrated compliance with the statutory framework. The agreement contained provisions that aligned with the legislative intent to promote waste avoidance and resource recovery. Furthermore, the court assessed the fairness and reasonableness of the agreement, taking into account the balance of interests between the service provider and the customers. The court concluded that the proposed terms were fair and reasonable, thus granting the approval sought by the applicant.

Consequently, the court approved the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020. This decision enables SUEZ Recycling & Recovery Pty Ltd to proceed with the implementation of the agreement, subject to the conditions and obligations specified within it.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established