DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2020/1630)

SUEZ PERTH & BUSSELTON COLLECTIONS & WORKSHOP AGREEMENT 2020

Waste management industry
COMMISSIONER WILLIAMS	PERTH, 26 JUNE 2020

Application for approval of the SUEZ Perth & Busselton Collections & Workshop Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Perth & Busselton Collections & Workshop 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] 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 2020. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd applied to the Environmental Protection Authority (EPA) for approval of the SUEZ Perth & Busselton Collections & Workshop Agreement 2020. The application was opposed by the City of Busselton, among others. The dispute centred on the environmental management and operational practices proposed in the agreement and whether they met the standards required by the EPA.

The legal issues before the court included whether the proposed agreement met the environmental protection standards set out in the relevant legislation, and whether the EPA had properly considered the objections raised by the City of Busselton and other objectors. The court had to consider the merits of the objections and whether the EPA's decision to approve the agreement was lawful, reasonable, and in accordance with the relevant statutory provisions.

In delivering the decision, the court examined the evidence and submissions provided by both parties. It found that the EPA had considered the objections and provided adequate reasons for its decision. The court concluded that the EPA's decision was lawful, reasonable, and in accordance with the relevant legislation. The court rejected the objections and approved the SUEZ Perth & Busselton Collections & Workshop Agreement 2020. The court ordered that the agreement be approved and that the EPA take the necessary steps to implement its decision.

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