DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims E-Recycling Pty Ltd T/A Sims Recycling Solutions
(AG2017/5670)

SIMS E-RECYCLING AND THE AUSTRALIAN WORKERS’ UNION COLLECTIVE AGREEMENT VILLAWOOD 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Sims E-Recycling and The Australian Workers’ Union Collective Agreement Villawood 2018.

[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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sims E-Recycling Pty Ltd T/A Sims Recycling Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 14 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sims E-Recycling Pty Ltd, trading as Sims Recycling Solutions, applied for the approval of a collective agreement with The Australian Workers’ Union. The dispute was heard in the Fair Work Commission (FWC). The core of the disagreement revolved around whether the proposed collective agreement met the necessary legal standards for approval, particularly in terms of its compliance with the Fair Work Act 2009 and its alignment with the principles of good faith bargaining and the public interest.

The primary legal issues that the FWC had to resolve were whether the agreement was the product of genuine and meaningful negotiations between the parties and whether it adhered to the statutory requirements for approval. This included examining if the agreement appropriately balanced the interests of the employees, the employer, and the broader public, ensuring it was fair and reasonable. The Commission also had to determine whether the agreement contained terms that were in the best interests of the employees and whether it met the criteria for being declared a registered agreement.

In its decision, the FWC determined that the collective agreement was indeed the result of genuine negotiations and was fair and reasonable. The Commission found that the agreement was consistent with the principles of good faith bargaining and served the public interest by addressing key employment issues in a manner that was balanced and equitable. The FWC was satisfied that the agreement was appropriately drafted and that it contained terms that were in the best interests of the employees. Consequently, the FWC approved the collective agreement and ordered that it be registered.

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