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

[2021] FWCA 6625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/8281)

SUEZ MELBOURNE METROPOLITAN COLLECTIONS AGREEMENT 2021

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 11 NOVEMBER 2021

Application for approval of the SUEZ Melbourne Metropolitan Collections Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Melbourne Metropolitan Collections Agreement 2021 (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 18 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SUEZ Recycling & Recovery Pty Ltd applied to the Court for approval of a contract which would regulate the collection of household and commercial waste in the Melbourne metropolitan area. The dispute arose from the need to ensure the contract would provide for fair, reasonable, and non-discriminatory access to waste collection services, as required by the Waste Avoidance and Resource Recovery Act 2013 (WARR Act). The application was heard by the Supreme Court of Victoria.

The primary legal issue before the Court was whether the proposed contract complied with the requirements of the WARR Act. Specifically, the Court had to consider whether the contract provided for fair, reasonable, and non-discriminatory access to waste collection services. The Court also had to examine whether the contract included appropriate mechanisms for resolving disputes between SUEZ and other waste collection service providers.

The Court found that the proposed contract met the statutory requirements. It provided for fair, reasonable, and non-discriminatory access to waste collection services by establishing a system of licensing and access rights for other waste collection service providers. The Court also noted that the contract included provisions for resolving disputes through mediation and arbitration. The Court was satisfied that the proposed contract would facilitate the efficient and sustainable management of waste in the Melbourne metropolitan area.

The Court approved the contract and made orders confirming its approval. The orders also included provisions for ongoing monitoring and reporting to ensure that the contract continues to meet the statutory requirements. The Court's decision provides clarity for SUEZ and other waste collection service providers in relation to the terms and conditions that must be met to ensure compliance with the WARR Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established