DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recycling Industries Pty Ltd T/A Alex Fraser
(AG2016/818)

RECYCLING INDUSTRIES AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 MAY 2016

Application for approval of the Recycling Industries Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Recycling Industries Agreement 2015-2019 (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 T/A Alex Fraser. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union 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 16 May 2016. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Recycling Industries Pty Ltd, trading as Alex Fraser, applied to the Fair Work Commission (FWC) for the approval of the Recycling Industries Agreement 2015-2019. The application involved the classification and remuneration of employees within the recycling industry, with disputes concerning the terms and conditions of employment stipulated in the proposed agreement.

The primary legal issues before the FWC were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided fair and reasonable terms and conditions for the employees. The court needed to assess whether the agreement adhered to the principles of good faith bargaining and whether it provided adequate protections and benefits for the workers involved.

The FWC examined the nature of the bargaining process, the content of the proposed agreement, and the impact of the agreement on the employees. The Commission found that the agreement generally provided fair and reasonable terms, though it made some adjustments to ensure compliance with the law. The FWC was satisfied that the agreement reflected good faith bargaining and met the necessary legislative requirements, including provisions for minimum wages, penalties, and other employment conditions.

The FWC approved the Recycling Industries Agreement 2015-2019 with minor modifications to ensure compliance with the Fair Work Act. The approved agreement was set to provide a framework for the terms and conditions of employment for the employees within the recycling industry for the specified period.

Recycling Industries Pty Ltd T/A Alex Fraser

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established