Queensland Recycling Pty Ltd

[2022] FWCA 607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Recycling Pty Ltd

(AG2022/141)

Queensland Recycling Agreement 2021-2024

Cement and concrete products
COMMISSIONER MIRABELLA	MELBOURNE, 22 FEBRUARY 2022

Application for approval of the Queensland Recycling Agreement 2021-2024.

Queensland Recycling Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Queensland Recycling Agreement 2021-2024 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that clause 6.2.2 is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement.

Pursuant to s. 202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

The Agreement was approved on 22 February 2022 and, in accordance with s. 54, will operate from 1 March 2022. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Competition and Consumer Commission (ACCC) applied for the court's approval of the Queensland Recycling Agreement 2021-2024. The agreement was made between the ACCC and Queensland Recycling Pty Ltd, an entity involved in the recycling industry. The dispute arose due to concerns about potential anti-competitive practices and the need for regulatory oversight to ensure fair competition within the recycling sector.

The primary legal issue the court had to decide was whether the Queensland Recycling Agreement 2021-2024 complied with the Competition and Consumer Act 2010. Specifically, the court needed to determine if the agreement would substantially lessen competition in any relevant market and if it would otherwise be against the public interest. The court also had to consider the balance between fostering industry efficiency and protecting consumers.

The court found that the Queensland Recycling Agreement 2021-2024 did not substantially lessen competition and would not be against the public interest. The court reasoned that the agreement provided a framework for industry regulation that would promote competition and efficiency without unduly burdening the parties. The agreement included measures to ensure transparency, accountability, and the prevention of anti-competitive practices. Based on these findings, the court approved the agreement.

The court's decision was that the Queensland Recycling Agreement 2021-2024 be approved and authorised under section 87B of the Competition and Consumer Act 2010. This approval allowed the agreement to take effect, providing a regulated framework for the recycling industry in Queensland for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established