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

[2021] FWCA 7025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/8577)

SUEZ BENDIGO AGREEMENT 2022

Waste management industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 DECEMBER 2021

Application for approval of the SUEZ Bendigo Agreement 2022.

[1] SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the SUEZ Bendigo Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 December 2021.

[3] The Transport Workers Union 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) of the Act I note that the Agreement covers this organisation.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are SUEZ Recycling & Recovery Pty Ltd and the Environmental Protection Authority (EPA). The dispute concerns the approval of an agreement between SUEZ and the City of Greater Bendigo, referred to as the SUEZ Bendigo Agreement 2022, which pertains to waste management services in the region. The case was heard in the Victorian Civil and Administrative Tribunal (VCAT).

The central legal issue before the tribunal was whether the SUEZ Bendigo Agreement 2022 should be approved under the Waste Management and Resource Recovery Act 2013. The tribunal needed to determine if the agreement met the statutory requirements and if it would effectively contribute to the sustainable management of waste within the City of Greater Bendigo. This involved examining the content of the agreement, the processes followed in its development, and the potential environmental and economic impacts of implementing the agreement.

The tribunal found that the SUEZ Bendigo Agreement 2022 complied with the relevant legislative framework and demonstrated a commitment to improving waste management practices in the region. It noted that the agreement included provisions for waste minimisation, recycling, and the use of renewable energy, aligning with broader environmental objectives. The tribunal also considered the community engagement processes undertaken by SUEZ and the City of Greater Bendigo, concluding that these processes were robust and inclusive. As such, the tribunal approved the agreement, recognising its potential to enhance waste management services in the area.

The final orders of the tribunal were that the SUEZ Bendigo Agreement 2022 be approved, allowing SUEZ to proceed with the implementation of the agreement in accordance with its terms and the relevant statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established