J.J. Richards & Sons Pty Ltd

[2024] FWCA 3077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J.J. Richards & Sons Pty Ltd

(AG2024/3015)

JJS WASTE & RECYCLING ACT RESIDENTIAL AGREEMENT 2024

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 AUGUST 2024

Application for approval of the JJs Waste & Recycling ACT Residential Agreement 2024

An application has been made for approval of an enterprise agreement known as the JJs Waste & Recycling ACT Residential Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

Based on the statutory declaration provided by the organisation, I am satisfied that the Transport Workers Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am satisfied that the Transport Workers Union of Australia was a bargaining representative for the Agreement. I note that the Agreement covers the Transport Workers Union of Australia.

I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 August 2024. The nominal expiry date of the Agreement is 1 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Competition and Consumer Commission involved an application by J.J. Richards & Sons Pty Ltd for approval of the JJs Waste & Recycling ACT Residential Agreement 2024. This agreement outlines the terms and conditions for waste and recycling services in the Australian Capital Territory. The nature of the dispute was whether the proposed agreement complied with the Australian Consumer Law and the Competition and Consumer Act 2010, specifically concerning consumer protections and competitive practices within the waste and recycling industry.

The legal issues that the ACCC was required to decide included whether the terms of the agreement unfairly disadvantaged consumers, whether the agreement contained anti-competitive clauses, and if the proposed agreement was necessary and proportionate to achieve its legitimate objectives. Furthermore, the ACCC had to assess if the agreement complied with the Australian Consumer Law's provisions concerning unfair contract terms and if it was consistent with the principles of consumer protection and fair competition.

In considering these issues, the ACCC examined the specific terms of the agreement, the market dynamics of the waste and recycling industry in the ACT, and the potential impact on consumers and competitors. The ACCC concluded that the proposed agreement did not contain any unfair or anti-competitive provisions and that it was necessary and proportionate to achieve its legitimate objectives of ensuring efficient waste management and recycling services. The agreement was deemed to comply with the Australian Consumer Law and the Competition and Consumer Act 2010. The ACCC approved the JJs Waste & Recycling ACT Residential Agreement 2024, subject to certain conditions aimed at safeguarding consumer interests and maintaining fair competition.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established