DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recycling Industries Pty Ltd
(AG2019/4517)

RECYCLING INDUSTRIES AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 DECEMBER 2019

Application for approval of the Recycling Industries Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Recycling Industries Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Recycling Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Clause 8.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.10 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2019. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Recycling Industries Pty Ltd, who applied to the Fair Work Commission for approval of the Recycling Industries Agreement 2019-2022. The application was contested by the Retail and Fast Food Workers Union, which objected to certain provisions of the agreement. The matter was heard in the Fair Work Commission of Australia.

The central legal issues before the Commission were whether certain provisions of the proposed agreement were consistent with the Fair Work Act 2009, particularly sections regarding employee entitlements, workplace safety, and procedural fairness. The Union argued that the agreement failed to adequately protect employees’ rights in these areas. Recycling Industries Pty Ltd maintained that the agreement was fair and reasonable and complied with all relevant statutory requirements.

The Fair Work Commission examined the provisions in question and found that while the agreement contained many fair and reasonable terms, certain clauses did not adequately protect employee entitlements and procedural fairness. Specifically, the Commission noted that the agreement’s provisions on termination and redundancy were insufficient, and the dispute resolution process did not provide adequate safeguards for employees. Consequently, the Commission made orders to modify the agreement to better align with the requirements of the Fair Work Act.

The Commission’s final orders required Recycling Industries Pty Ltd to revise the agreement to ensure that employee entitlements, procedural fairness, and workplace safety were adequately addressed. The modified agreement was then to be resubmitted to the Commission for final approval.

Recycling Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established