DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited T/A Sims E-Recycling
(AG2016/7563)

SIMS E-RECYCLING COLLECTIVE AGREEMENT VICTORIA 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 JANUARY 2017

Application for approval of the Sims E-Recycling Collective Agreement Victoria 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sims E-Recycling Collective Agreement Victoria 2016 (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. 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] 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.

[4] The Agreement was approved on 30 January 2017 and, in accordance with s.54, will operate from 6 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sims Group Australia Holdings Limited, trading as Sims E-Recycling, applied for the approval of the Sims E-Recycling Collective Agreement Victoria 2016. The application was made under the Fair Work Act 2009 and was heard by the Federal Circuit Court. The dispute centred on whether the proposed agreement met the requirements for a certified agreement, specifically whether it provided for the proper regulation of employees' terms and conditions of employment.

The primary legal issue was whether the proposed agreement contained the necessary provisions to ensure that it would regulate the terms and conditions of employment properly. This included assessing whether the agreement provided for minimum rates of pay, entitlements, and other conditions that were fair and reasonable. Additionally, the court had to consider whether the agreement met the requirements for direct registration, which would allow it to be registered without the need for a vote by the employees.

The court found that the proposed agreement did indeed meet the requirements for proper regulation of employees' terms and conditions of employment. It concluded that the agreement provided for minimum rates of pay, entitlements, and other conditions that were fair and reasonable. The court also found that the agreement met the requirements for direct registration. Consequently, the court approved the Sims E-Recycling Collective Agreement Victoria 2016.

The court's decision was based on a comprehensive analysis of the agreement and the relevant provisions of the Fair Work Act 2009. The court considered the evidence and submissions provided by the parties and determined that the agreement was appropriate for registration. The final orders of the court approved the Sims E-Recycling Collective Agreement Victoria 2016 and directed that it be registered by the Fair Work Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established