Recycling Industries Pty Ltd

[2022] FWCA 2990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Recycling Industries Pty Ltd

(AG2022/3449)

Recycling Industries Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 30 AUGUST 2022

Application for approval of the Recycling Industries Agreement 2022

Recycling Industries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Recycling Industries Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 1.2 of the Agreement. The Employer submits that clause 1.2 of the Agreement contained a typographical error to the date in the specified title of the Agreement.

I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 30 August 2022 and, in accordance with s 54, will operate from 6 August 2022. The nominal expiry date of the Agreement is 28 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Recycling Industries Pty Ltd applied for approval of an enterprise agreement, which would regulate the terms and conditions of employment for workers in the recycling industry. The matter was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal. The application for approval was opposed by the Australian Council of Trade Unions, the peak national body representing trade unions.

The legal issues before the FFW were whether the agreement met the requirements of the Fair Work Act 2009 (Cth) and whether it was in the best interests of the workers. The Act requires that the agreement is not less favourable than the relevant award or safety net, and that it was made in good faith and without coercion. The FWC also considered whether the agreement promoted simplicity, certainty and flexibility in workplace relations.

The FWC found that the agreement met the requirements of the Act. The agreement contained provisions that were not less favourable than the relevant award or safety net. The FWC was satisfied that the agreement was made in good faith and without coercion. The FWC also found that the agreement promoted simplicity, certainty and flexibility in workplace relations. The FWC approved the Recycling Industries Agreement 2022.

The FWC ordered that the Recycling Industries Agreement 2022 be approved. The agreement is to be registered with the Fair Work Ombudsman and will be binding on all parties from the date of registration.

CaseChat Overview and Summary

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Legal Principle Established