DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Howard Recycling Services Pty Ltd
(AG2017/3061)

HOWARD RECYCLING SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 25 OCTOBER 2017

Application for approval of the Howard Recycling Services Pty Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Howard Recycling Services Pty Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Howard Recycling Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] The Agreement has been assessed against both the Horticulture Award 2010 and the Gardening and Landscaping Services Award 2010 for the purposes of the Better Off Overall Test.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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2017. The nominal expiry date of the Agreement is 24 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Howard Recycling Services Pty Ltd recently faced a matter before the Fair Work Commission regarding the approval of an enterprise agreement. The Howard Recycling Services Pty Ltd Enterprise Agreement 2017 was the subject of the application, with the dispute centred on whether the agreement met the requirements of the Fair Work Act 2009. The court was tasked with determining if the agreement contained all the mandatory terms and conditions as prescribed by the Act, and whether it was made in good faith and without coercion.

The primary legal issues the court had to address were whether the agreement adequately covered all the mandatory terms outlined in the Fair Work Act, and if it was genuinely negotiated between the employer and the employees. Additionally, the court examined whether the agreement was made without any undue influence or coercion and if it provided a fair and reasonable outcome for all parties involved. The court also had to consider the procedural fairness of the negotiation process.

The court found that the agreement contained all the mandatory terms required by the Fair Work Act and was made in good faith without any coercion. The court concluded that the negotiation process was procedurally fair, and the agreement was reasonable for both the employer and employees. The court was satisfied that the agreement met all legal requirements and was therefore approved. This decision ensures that the enterprise agreement will be legally binding and enforceable, providing a framework for the terms and conditions of employment within Howard Recycling Services Pty Ltd.

Howard Recycling Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established