DECISION

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

Suez Recycling and Recovery Pty Ltd
(AG2020/3064)

SUEZ AND TWU (OPERATIONS) AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 NOVEMBER 2020

Application for approval of the SUEZ and TWU (Operations) Agreement 2019.

[1] Suez Recycling and Recovery Pty Ltd has made an application for the approval of an enterprise agreement known as the SUEZ and TWU (OPERATIONS) AGREEMENT 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 24 November 2020 and, in accordance with s 54, will operate from 1 December 2020. The nominal expiry date of the Agreement is 4 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Suez Recycling and Recovery Pty Ltd, the respondent, applied to the Fair Work Commission (FWC) for approval of the SUEZ and TWU (Operations) Agreement 2019. The applicant, Transport Workers Union (TWU), opposed the application. The dispute centred on the approval of an enterprise agreement under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement met the necessary criteria for approval, including the requirement that it be free from provisions that could result in employees being paid less than the relevant award or agreement.

The key legal issues before the FWC were whether the agreement complied with the Fair Work Act, particularly section 235, which requires that an enterprise agreement does not provide for terms and conditions that are less favourable than those provided by the relevant award. Additionally, the FWC had to consider if the agreement met the 'better off overall test' (BOOT) under section 179 of the Act. This test required that the agreement be at least as good as the applicable award in terms of overall pay and conditions for employees.

The FWC found that the agreement did not include any terms that were less favourable than those in the relevant award and that it passed the BOOT. The FWC considered the agreement to be fair and reasonable, noting the mutual benefits to both the employer and employees. Consequently, the FWC approved the agreement, ruling in favour of the respondent. The decision was based on the comprehensive analysis of the agreement's provisions against the statutory requirements and the evidence presented by both parties.

Suez Recycling and Recovery 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