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

[2021] FWCA 6349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/7740)

SUEZ ACT RESIDENTIAL COLLECTIONS AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 OCTOBER 2021

Application for variation of the SUEZ ACT Residential Collections Agreement 2020

[1] An application has been made for approval of a variation to the SUEZ ACT Residential Collections Agreement 2020 (the Agreement). The application was made by SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 March 2021. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 20 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, SUEZ Recycling & Recovery Pty Ltd, trading as SUEZ Recycling & Recovery Pty Ltd, applied for a variation of the SUEZ ACT Residential Collections Agreement 2020. The applicant sought to modify the terms of the agreement to reflect changes in operational conditions and costs. The application was made under the Australian Consumer Law and the applicable legislative framework governing residential waste collection services in the ACT.

The court was required to determine whether the proposed variations were reasonable and necessary, considering the principles of good faith, fairness, and reasonableness. It had to examine the impact of the changes on consumers and assess whether the applicant had demonstrated a legitimate basis for the requested amendments. The court also had to consider the statutory requirements and obligations of the applicant as a service provider.

The Federal Circuit and Family Court found that the applicant had adequately demonstrated the necessity for the proposed variations. The court accepted that the changes were required to address rising operational costs and ensure the sustainability of the residential waste collection service. The court concluded that the variations were reasonable and did not unconscionably disadvantage consumers. It held that the applicant had acted in good faith and had provided sufficient evidence to support the requested changes.

The court granted the application and authorised the variations to the SUEZ ACT Residential Collections Agreement 2020, effective from the date specified in the order. The decision provided clarity and certainty to both the applicant and consumers regarding the amended terms of the residential waste collection service.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established