DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery No.1 Pty Ltd
(AG2021/4153)

SUEZ NO.1 ENGINEERING TRADES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 23 MARCH 2021

Application for approval of the SUEZ No.1 Engineering Trades Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ No.1 Engineering Trades Enterprise Agreement 2020 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2021. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, SUEZ Recycling & Recovery No.1 Pty Ltd, sought approval for the SUEZ No.1 Engineering Trades Enterprise Agreement 2020. The dispute centred on the terms and conditions of employment for engineering tradespeople within the company. The applicant argued that the agreement was necessary to facilitate the efficient and sustainable operation of their recycling and recovery facilities. The respondents, representing the employees, contested several aspects of the proposed agreement, particularly those related to remuneration, hours of work, and redundancy provisions.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including the 'better off overall test'. The Commission had to determine if the agreement provided employees with no less pay and no less overall conditions than they would have under their previous agreements or the applicable awards. Additionally, the Commission examined if the agreement contained mandatory provisions as required by the Act, and whether any aspects of the agreement were contrary to public policy.

The Commission found that the proposed agreement was fair and reasonable, meeting the statutory requirements for approval. The 'better off overall test' was satisfied as employees would receive increased wages and benefits under the new agreement. The Commission also confirmed that the agreement contained all necessary mandatory provisions and did not contravene any public policy considerations. Therefore, the Commission approved the SUEZ No.1 Engineering Trades Enterprise Agreement 2020.

SUEZ Recycling & Recovery No.1 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