Application by Outlook (Aust) Ltd Summary

[2025] FWCA 2356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by Outlook (Aust) Ltd

(AG2025/1824)

APPLICATION FOR APPROVAL OF THE OUTLOOK WASTE, RECYCLING AND SHOP QUEENSLAND ENTERPRISE AGREEMENT 2025

Waste management industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 17 JULY 2025

Application for approval of the Outlook Waste, Recycling and Shop Queensland Enterprise Agreement 2025

Outlook (Aust) Ltd (“the Employer”) has applied for approval of an enterprise agreement known as the Outlook Waste, Recycling and Shop Queensland Enterprise Agreement 2025 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Pre-approval requirements

The Employer relies on the same notification time, and the Notice of Employee Representational Rights (“NERR”), that underpinned an application made and withdrawn in an earlier proceeding.[1] Since withdrawing that application, the Employer has applied to terminate the enterprise agreement that is currently in operation. It has now applied for approval of this agreement. The NERR that is relied upon is also in an earlier version of the prescribed form. To the extent necessary, for the purposes of subsection 188(5), I am satisfied that these were minor technical or procedural errors and not likely to disadvantage any employees in the circumstances.

The National Employment Standards

Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

Employee submission

An individual employee wrote to the Commission regarding the Agreement, and specifically in relation to pay rates for work performed on weekends. The applicant, union, and bargaining representatives had an opportunity to respond. I have considered the employee’s correspondence and the responses, and I do not consider the issue raised gives rise to any impediment to approval.

The Employer has given a written undertaking in accordance with section 190 of the Fair Work Act. The undertaking is attached as Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

The Australian Workers' Union (AWU) lodged a declaration in the prescribed form[2] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the AWU.

Conclusion

The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

Annexure A

[1] Matter number AG2025/13.

[2] Form F18.

Printed by authority of the Commonwealth Government Printer

Outlook (Aust) Ltd applied to the Fair Work Commission for approval of the Outlook Waste, Recycling and Shop Queensland Enterprise Agreement 2025. The application was contested by a union representing some of the employees, which argued that the agreement contained provisions that were unfair to its members. The Commission heard the matter and had to decide whether the agreement should be approved, taking into account various legal considerations.

The primary legal issue was whether the agreement met the statutory requirements for approval. The Commission considered whether the agreement provided for appropriate minimum wages and conditions, and whether it had been negotiated in good faith. The union argued that certain provisions, such as those relating to penalty rates and shift allowances, were not fair and reasonable. The company, on the other hand, contended that the agreement was the product of genuine negotiations and provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement, while not perfect, did meet the necessary legal standards for approval. It concluded that the provisions challenged by the union were not unfair or unreasonable, and that the agreement had been negotiated in good faith. The Commission emphasised that it was not its role to negotiate a better agreement, but rather to determine whether the one before it was fair and reasonable in all the circumstances. The application was therefore approved.

The Fair Work Commission approved the Outlook Waste, Recycling and Shop Queensland Enterprise Agreement 2025, finding that it met the statutory requirements for approval. The union's challenge to certain provisions was rejected, and the agreement was deemed to have been negotiated in good faith. The Commission emphasised that its role was not to improve the agreement, but rather to determine whether it was fair and reasonable in all the circumstances. The approval of the agreement was therefore confirmed.

Application by Outlook (Aust) Ltd

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established