SUEZ Recycling & Recovery (No.1) Pty Ltd

Case

[2021] FWCA 7048

9 DECEMBER 2021

No judgment structure available for this case.

[2021] FWCA 7048
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SUEZ Recycling & Recovery (No.1) Pty Ltd
(AG2021/8159)

SUEZ NO.1 ENGINEERING TRADES ENTERPRISE AGREEMENT 2021

Waste management industry

DEPUTY PRESIDENT CROSS

SYDNEY, 9 DECEMBER 2021

Application for approval of the SUEZ No.1 Engineering Trades Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the SUEZ No.1 Engineering Trades Enterprise Agreement 2021 (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 & Recovery (No.1) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of approval. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514219  PR736637>

ANNEXURE A

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