DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling and Recovery Pty Ltd T/A SUEZ Recycling and Recovery
(AG2017/2102)

SUEZ PERTH AND BUSSELTON COLLECTIONS AND WORKSHOP AGREEMENT 2017

Waste management industry
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2017

Application for approval of the SUEZ Perth and Busselton Collections and Workshop Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Perth and Busselton Collections and Workshop Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SUEZ Recycling and Recovery Pty Ltd T/A SUEZ Recycling and Recovery. 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] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the court involved an application by SUEZ Recycling and Recovery Pty Ltd, trading as SUEZ Recycling and Recovery, to have the SUEZ Perth and Busselton Collections and Workshop Agreement 2017 approved. This application was made to the Fair Work Commission (FWC), and the primary focus was on whether the agreement met the necessary standards and requirements as stipulated under the Fair Work Act 2009. The dispute arose because the agreement was a greenfields agreement, meaning it was the first enterprise agreement for the relevant workforce, and it had to be assessed for its compliance with the Act and its fairness to employees.

The key legal issues that the court needed to address were whether the agreement contained all the necessary minimum terms and conditions as outlined in the Fair Work Act and whether it was fair and reasonable in all aspects. The court had to ensure that the agreement did not disadvantage employees and that it provided for a minimum set of entitlements. The application was contested by the Australian Manufacturing Workers' Union, which raised several concerns about the proposed terms and conditions of the agreement.

In delivering the decision, the commission considered the submissions from both SUEZ and the union. The court found that the proposed agreement met the legislative requirements and was fair and reasonable. It addressed all the necessary minimum terms and conditions, and the provisions were not overly disadvantageous to the employees. The commission was satisfied that the agreement provided a balanced approach to the needs of both the employer and the employees, and thus approved the application for the agreement to be made a registered agreement.

The final orders of the commission were that the SUEZ Perth and Busselton Collections and Workshop Agreement 2017 be registered as a greenfields agreement under the Fair Work Act. This decision allowed SUEZ to proceed with implementing the terms of the agreement, subject to any further negotiations or amendments that may be required in the future. The registration of the agreement marked the beginning of a new enterprise agreement process for the workforce involved.

SUEZ Recycling and Recovery Pty Ltd T/A SUEZ Recycling and Recovery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established