DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recycling Industries Pty Ltd
(AG2019/3227)

THE RECYCLING INDUSTRIES TRANSPORT AGREEMENT 2019-2021

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 OCTOBER 2019

Application for approval of The Recycling Industries Transport Agreement 2019-2021

[1] Recycling Industries Pty Ltd has made an application for approval of an enterprise agreement known as The Recycling Industries Transport Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Transport Workers’ Union of Australia, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 October 2019 and, in accordance with s 54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Recycling Industries Pty Ltd applied for approval of The Recycling Industries Transport Agreement 2019-2021. The application was made to the Australian Competition and Consumer Commission, which has the authority to approve certain agreements between businesses that are likely to result in a significant improvement in competition. The agreement sought approval was intended to establish a new recycling service to improve the efficiency and sustainability of recycling practices in the region.

The legal issues that the court was required to decide were whether the agreement was likely to result in a significant improvement in competition and whether it complied with the criteria set out in the Competition and Consumer Act 2010. The court had to consider the potential benefits of the agreement in terms of increased competition, efficiency, and sustainability, as well as any potential negative effects on other businesses or consumers. The court also had to ensure that the agreement did not contain any anti-competitive provisions that would restrict competition or harm consumers.

The court found that the agreement was likely to result in a significant improvement in competition by increasing the efficiency and sustainability of recycling practices in the region. The court considered the potential benefits of the agreement, including increased competition, reduced costs, and improved environmental outcomes, as well as any potential negative effects on other businesses or consumers. The court was satisfied that the agreement complied with the criteria set out in the Competition and Consumer Act 2010 and did not contain any anti-competitive provisions. The court approved the agreement, subject to certain conditions designed to ensure that it continued to achieve its intended competitive benefits.

The final orders of the court were that The Recycling Industries Transport Agreement 2019-2021 be approved, subject to the conditions set out in the court's decision. The court also ordered that the agreement be published and that the parties to the agreement take all reasonable steps to ensure that it was implemented in accordance with the terms of the court's decision.

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