Queensland Recycling Pty Ltd

[2025] FWCA 3521

[2025] FWCA 3521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Queensland Recycling Pty Ltd

(AG2025/2022)

QUEENSLAND RECYCLING ENTERPRISE AGREEMENT 2025

Waste management industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 23 OCTOBER 2025

Application for approval of the Queensland Recycling Enterprise Agreement 2025.

1. Queensland Recycling Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Queensland Recycling 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

1. I invited submissions and further information as to whether employees who voted on the agreement have a sufficient interest in the terms of the agreement, and are sufficiently representative, having regard to the employees that the agreement is expressed to cover. The Employer relied on its declaration that all 28 of the employees that had been eligible to vote did so, and also stated that the voters had included employees of different employment types, and employees based at both of the locations that are subject to the Agreement. No bargaining representative responded to contradict these assertions, and so I take them as uncontested. I am able to have regard to them.[1] Having regard to this information and the submissions, the relatively confined scope of the classifications under the Agreement, and the Statement of Principles on Genuine Agreement, I am satisfied in respect of this issue.

1. Paragraph 16(a) of the Statement of Principles on Genuine Agreement says the employer should tell the employees the time, place and method for the vote at least 7 full calendar days before the day on which voting starts. I sought further information and submissions in this regard. The Employer provided a copy of a letter distributed to employees on 13 June 2025. Again, no bargaining representative sought to contradict this and I take it as uncontested that the document was distributed. In any event all of the eligible employees voted so they were clearly aware of the ballot.

Terms of the Agreement

1. Clause 1.2 of the agreement states that ‘this Agreement will commence 7 days after approval by Fair Work Australia.’ Section 54 of the Fair Work Act provides that an agreement operates 7 days from approval by the Fair Work Commission. The Employer sought to deal with this by filing a corrected copy of the Agreement.

1. The Agreement as filed did not appear to include a flexibility term as required by s.202(1) of the Fair Work Act. The Employer sought to deal with this by including the model term in the corrected copy of the Agreement. It submitted that the omission was an unintentional drafting oversight, and that its intention had been to replicate the model term under the heading “2.2 Flexibility Arrangements” of the Agreement. If this correction were not made, the model term would be inserted pursuant to section 202(4) and item 107 of Schedule 1 of the Fair Work Act.

1. I am satisfied that the corrections to clauses 1.2 and 2.2 should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act. The corrections to clauses 1.2 and 2.2, a minor correction to a spelling error in the heading above clause 2.1, and renumbering of the model consultation term as clause 2.3 with a new heading are made in accordance with the amended copy of the Agreement filed by the Employer on 3 September 2025.

1. The Agreement does not contain a delegates’ rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, clause 27A of the Cement, Lime and Quarrying Award 2020 is taken to be a term of the Agreement.

The National Employment Standards

1. Noting clause 1.1.2 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.

The Better Off Overall Test

1. I sought submissions from the bargaining representatives in relation to shiftwork, the span of hours, and meal allowances, in light of the Better Off Overall Test.

1. The Employer told the Commission that all employees start their shifts in the morning, there are no employees who work an “afternoon shift” (either as it defined under the Agreement or the Award), and none of the employees covered by the Agreement are rostered past 5.00pm. This was not contested. The Employer also made submissions as to each of these three conditions and the corresponding award entitlements. I am persuaded by the Employer’s submissions in relation to the Better Off Overall Test.

Conclusion

1. In light of the foregoing, 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, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

1. 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.

2. 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 30 April 2028.

DEPUTY PRESIDENT

[1] R v Commonwealth Conciliation and Arbitration Commission; ex parte Melbourne and Metropolitan Tramways Board [1965] FCA 50, 113 CLR 228 at 243 per Barwick CJ; Rescrete Industries Pty Ltd v AIRC [1998] FCA 930, 86 IR 269.

[2] Form F18.

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