DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited T/A Sims E-Recycling Pty Ltd
(AG2019/3577)

SIMS E-RECYCLING COLLECTIVE AGREEMENT VICTORIA 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 OCTOBER 2019

Application for approval of the Sims E-Recycling Collective Agreement Victoria 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sims E-Recycling Collective Agreement Victoria 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sims Group Australia Holdings Limited T/A Sims E-Recycling 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 33.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 2 October 2019 and, in accordance with s.54, will operate from 9 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Sims Group Australia Holdings Limited, trading as Sims E-Recycling, applied to the Fair Work Commission for the approval of the Sims E-Recycling Collective Agreement Victoria 2019. The application sought to establish a collective agreement that would govern the employment conditions of Sims E-Recycling's employees in Victoria. The legal issues before the Court centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its procedural fairness and its compliance with the statutory requirement for the agreement to provide for the employees’ pay and conditions of employment.

The Court examined whether the process leading to the agreement was procedurally fair, considering the participation of the employees and their representatives. The Court also assessed whether the agreement met the substantive requirements of the Act, ensuring that it provided for the employees' pay and conditions in a manner that was fair and reasonable. Furthermore, the Court considered whether the agreement provided for a mechanism for resolving disputes between the employer and the employees.

In ruling on the application, the Court found that the process leading to the agreement was procedurally fair, with adequate participation from the employees and their representatives. The Court also concluded that the agreement met the statutory requirements, providing for the employees' pay and conditions in a manner that was fair and reasonable. The Court was satisfied that the agreement included provisions for the resolution of disputes between the employer and the employees. As a result, the Court approved the Sims E-Recycling Collective Agreement Victoria 2019.

Sims Group Australia Holdings Limited T/A Sims E-Recycling 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