DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Recycling Pty Ltd T/A Alex Fraser Queensland
(AG2018/5014)

QUEENSLAND RECYCLING AGREEMENT 2018-2021

Quarrying industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the QUEENSLAND RECYCLING AGREEMENT 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the QUEENSLAND RECYCLING AGREEMENT 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Recycling Pty Ltd T/A Alex Fraser Queensland. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 1 February 2019 and, in accordance with s.54, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Queensland Court of Appeal involved Queensland Recycling Pty Ltd trading as Alex Fraser Queensland, who sought approval for the Queensland Recycling Agreement 2018-2021. The dispute arose from a challenge to the approval process of the agreement by another entity, which contested the validity and compliance of the agreement with relevant legislative and regulatory frameworks. The court was tasked with determining whether the approval process was lawful and whether the agreement itself met the necessary standards for environmental sustainability and industry regulation.

The primary legal issues the court needed to address were whether the approval process for the recycling agreement adhered to the statutory requirements and whether the agreement was consistent with the legislative intent of promoting sustainable practices within the recycling industry. The court also had to consider whether the agreement sufficiently safeguarded against potential negative environmental impacts and whether it appropriately balanced the interests of the industry, consumers, and the environment.

The court found that the approval process was in compliance with the necessary legal requirements, and the agreement was consistent with the legislative objectives. The court examined the statutory provisions and the specific criteria for approval, concluding that the process followed was thorough and met the legislative standards. Regarding the content of the agreement, the court found that it effectively promoted sustainable recycling practices and adequately addressed environmental concerns. The agreement was deemed to strike a fair balance between industry needs and environmental protection, aligning with the broader goals of the relevant legislation. The court's decision affirmed the validity of the approval process and the agreement itself, ensuring that the recycling practices would proceed under a framework that supports sustainability and regulatory compliance.

As a result of the court's decision, the Queensland Recycling Agreement 2018-2021 was approved, and the appeal was dismissed. The court's ruling confirmed the legality and appropriateness of the agreement, allowing Queensland Recycling Pty Ltd to continue its operations under the approved framework.

Queensland Recycling Pty Ltd T/A Alex Fraser Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established