Suez Recycling and Recovery Pty Ltd T/A Suez Recycling and Recovery Summary

[2017] FWCA 5266

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/3163)

SUEZ Australia Geelong Enterprise Agreement 2017

Waste management industry
Commissioner Wilson	MELBOURNE, 11 OCTOBER 2017

Application for approval of the SUEZ Australia Geelong Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the SUEZ Australia Geelong Enterprise 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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Suez Recycling and Recovery Pty Ltd, trading as Suez Recycling and Recovery, the applicant sought approval of the SUEZ Australia Geelong Enterprise Agreement 2017. The dispute arose in the Fair Work Commission of Australia, where the applicant's application was contested by several union representatives. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues included whether the enterprise agreement provided for a fair and efficient bargaining process, if it contained provisions that were contrary to public policy or were otherwise unlawful, and whether it provided adequate protections for employees' rights and entitlements. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it provided for proper consideration of employees' needs and interests. The unions argued that the agreement did not adequately address several critical issues, including wages, working conditions, and employee representation.

The Fair Work Commission, after reviewing the application and submissions, found that the enterprise agreement was generally fair and balanced. The Commission noted that while there were areas for improvement, the agreement provided for fair and efficient bargaining processes and did not contain any provisions that were contrary to public policy or unlawful. The Commission also found that the agreement provided adequate protections for employees' rights and entitlements, and that it was made in good faith. The Commission approved the SUEZ Australia Geelong Enterprise Agreement 2017, subject to certain conditions aimed at addressing some of the concerns raised by the unions. These conditions included provisions for ongoing consultation and negotiation between the parties, and for the resolution of any disputes that may arise in the future.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established