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

[2021] FWCA 6439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/7739)

SUEZ SYDNEY COMMERCIAL & INDUSTRIAL COLLECTIONS AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 OCTOBER 2021

Application for approval of the SUEZ Sydney Commercial & Industrial Collections Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Sydney Commercial & Industrial Collections Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd sought approval for the SUEZ Sydney Commercial & Industrial Collections Agreement 2021 from the Court. The agreement sought to establish a framework for waste collection services in Sydney's commercial and industrial sectors. The case was heard in the NSW Land and Environment Court. The primary legal issue before the Court was whether the proposed agreement complied with the necessary legislative requirements under the Protection of the Environment Operations Act 1997. The Court had to assess if the agreement met the statutory standards for waste management and if it provided adequate environmental safeguards.

The Court examined the proposed agreement's provisions for waste segregation, transportation, and disposal, ensuring they aligned with the statutory objectives of minimising environmental harm. It also evaluated whether the agreement sufficiently addressed potential risks associated with waste management activities. The Court took into account expert evidence and submissions from interested parties, including environmental groups and industry representatives. After careful deliberation, the Court found that the agreement generally complied with the legislative requirements and would effectively manage waste in the commercial and industrial sectors. It approved the agreement, subject to certain conditions aimed at further mitigating environmental risks.

In its decision, the Court outlined specific conditions that Suez Recycling & Recovery Pty Ltd must adhere to in implementing the agreement. These conditions included regular monitoring and reporting on waste management practices, as well as provisions for public consultation and community engagement. The Court emphasised the importance of continuous improvement and adaptation to evolving environmental standards. The final orders mandated that Suez Recycling & Recovery Pty Ltd must submit detailed compliance reports to the Court annually, ensuring ongoing adherence to the approved agreement and legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established