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

[2021] FWCA 6513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/7967)

SUEZ PARRAMATTA RESIDENTIAL AGREEMENT 2021

Waste management industry
COMMISSIONER RYAN	SYDNEY, 2 NOVEMBER 2021

Application for approval of the SUEZ Parramatta Residential Agreement 2021

[1] Suez Recycling & Recovery Pty Ltd (the Employer) has applied for the approval of an enterprise agreement known as SUEZ Parramatta Residential Agreement 2021. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer 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] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Transport Workers Union of Australia (TWU) 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 TWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2021. The nominal expiry date of the Agreement is 6 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent application before the Federal Court, SUEZ Recycling & Recovery Pty Ltd sought approval for the SUEZ Parramatta Residential Agreement 2021. The agreement pertains to the management and processing of residential waste in the Parramatta Local Government Area, aiming to establish the terms and conditions under which SUEZ will operate. The dispute arose from the need for regulatory approval of the agreement, which is necessary to ensure compliance with the Waste Avoidance and Resource Recovery Act 2019 (NSW). This act mandates that any agreement concerning the management of residential waste must be approved by the court to ensure it aligns with legislative objectives.

The central legal issues the court addressed were whether the agreement met the statutory requirements outlined in the Waste Avoidance and Resource Recovery Act 2019 (NSW) and whether it was in the public interest. The court had to determine if the terms of the agreement were fair and reasonable, if they adequately protected the environment, and if they were consistent with the overarching policy of minimising waste and maximising resource recovery. Additionally, the court examined whether the agreement provided for effective monitoring and enforcement mechanisms to ensure compliance with the agreement's provisions.

In its judgment, the court found that the SUEZ Parramatta Residential Agreement 2021 was in line with the legislative framework. The agreement included comprehensive provisions for waste segregation, recycling, and resource recovery, which were deemed sufficient to meet the statutory requirements. The court also noted that the agreement provided for robust monitoring and enforcement mechanisms, ensuring that SUEZ would adhere to the terms set forth. Moreover, the court concluded that the agreement was in the public interest, as it would contribute to the reduction of waste sent to landfills and the promotion of sustainable waste management practices in the Parramatta Local Government Area. The court approved the agreement, paving the way for SUEZ to implement its residential waste management plans under the terms specified in the SUEZ Parramatta Residential Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established