DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sims E-Recycling Pty Ltd T/A Sims Recycling Solutions
(AG2015/1747)

SIMS E-RECYCLING AND THE AUSTRALIAN WORKERS UNION COLLECTIVE AGREEMENT VILLAWOOD 2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 FEBRUARY 2015

Application for approval of the Sims E-Recycling and the Australian Workers Union Collective Agreement Villawood 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sims E-Recycling and the Australian Workers Union Collective Agreement Villawood 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 23 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sims E-Recycling Pty Ltd, trading as Sims Recycling Solutions, sought approval of a collective agreement with the Australian Workers Union. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding the process and substance of the agreement. The Commission needed to determine if the agreement was fairly and properly negotiated and if it met the standards of procedural fairness and good faith bargaining.

The Commission examined the process by which the agreement was negotiated and whether it was conducted in good faith. It considered whether the employer had provided adequate information to the union, the union's opportunity to consult and negotiate, and if the agreement reflected a fair outcome for both parties. The Commission also assessed whether the terms of the agreement complied with the requirements of the Fair Work Act, including provisions related to minimum wages, conditions, and other workplace standards. After considering the submissions and evidence from both parties, the Commission concluded that the agreement was fairly and properly negotiated and met the standards of procedural fairness and good faith bargaining.

The Commission approved the Sims E-Recycling and the Australian Workers Union Collective Agreement Villawood 2015, finding that it complied with the relevant provisions of the Fair Work Act. The approval included the terms of the agreement, which were deemed to provide a fair and reasonable outcome for both the employer and the employees represented by the union. The decision was based on the evidence provided and the Commission's assessment of the negotiation process and the substance of the agreement. The approval of the agreement now allows it to be registered and enforced as a legally binding instrument.

Sims E-Recycling Pty Ltd T/A Sims Recycling Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established