DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd T/A SUEZ Environnement Recycling & Waste Recovery
(AG2015/4343)

SUEZ ENVIRONNEMENT MELBOURNE METROPOLITAN COLLECTIONS ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 7 SEPTEMBER 2015

Application for approval of the SUEZ Environnement Melbourne Metropolitan Collections Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Environnement Melbourne Metropolitan Collections Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SITA Australia Pty Ltd T/A SUEZ Environnement Recycling & Waste Recovery. 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 Agreement is approved and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were SITA Australia Pty Ltd trading as SUEZ Environnement and its employees, represented by the Australian Manufacturing Workers' Union (AMWU). The dispute was over the approval of the SUEZ Environnement Melbourne Metropolitan Collections Enterprise Agreement 2015, which was being sought by the employer. The matter was heard in the Fair Work Commission, a workplace relations tribunal in Australia.

The primary legal issue the court had to decide was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test" (BOOT). The BOOT requires that employees be no worse off financially under the new agreement than they would be under their existing terms and conditions.

The Fair Work Commission found that the agreement met the statutory requirements. The court noted that the proposed agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, allowances, and conditions of work. The Commission also found that employees would not be worse off financially under the new agreement, satisfying the BOOT. Therefore, the application for approval was granted, and the enterprise agreement was registered.

The Fair Work Commission granted the employer's application for approval of the enterprise agreement. The SUEZ Environnement Melbourne Metropolitan Collections Enterprise Agreement 2015 was registered, and it became the applicable enterprise agreement for the employees of SITA Australia Pty Ltd trading as SUEZ Environnement in the Melbourne metropolitan area.

SITA Australia Pty Ltd T/A SUEZ Environnement Recycling & Waste Recovery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established