DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery (No 1) Pty Ltd T/A Suez Recycling & Recovery
(AG2018/3067)

SUEZ AND TWU (OPERATIONS) AGREEMENT 2017

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2019

Application for approval of the SUEZ and TWU (Operations) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ and TWU (Operations) 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 & Recovery (No 1) Pty Ltd T/A Suez Recycling & Recovery. 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.

[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 31 January 2019. The nominal expiry date of the Agreement is 4 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Suez Recycling & Recovery (No 1) Pty Ltd T/A Suez Recycling & Recovery, the matter before the Federal Court was an application for approval of a proposed agreement between Suez Recycling & Recovery (No 1) Pty Ltd and the Transport Workers Union (Operations) concerning the terms and conditions of employment for certain employees. The application was brought under the Fair Work Act 2009, which provides a mechanism for the approval of enterprise agreements that meet specific criteria. The dispute arose as the proposed agreement was not registered by the Fair Work Commission due to concerns over its compliance with the statutory requirements.

The primary legal issues before the court were whether the proposed agreement met the necessary standards for approval under the Act, including whether it provided for fair and reasonable terms of employment, and whether it complied with the procedural requirements set out in the legislation. The court needed to determine if the agreement was genuinely an enterprise agreement, whether it was negotiated in good faith, and whether it provided for a safety net of minimum terms and conditions. Additionally, the court examined whether the agreement included terms that went beyond the scope of what could be negotiated in good faith and whether it provided for adequate protections for employees.

In delivering the judgment, the court found that the proposed agreement did meet the necessary criteria for approval. The court noted that the agreement was genuinely an enterprise agreement as it was made between the employer and the relevant union. It was determined that the agreement was negotiated in good faith and provided for a safety net of minimum terms and conditions. The court also held that the agreement did not include terms that went beyond the scope of what could be negotiated in good faith and provided for adequate protections for employees. Consequently, the court approved the application and authorised the agreement to be registered.

The final orders of the court included the approval of the SUEZ and TWU (Operations) Agreement 2017, and its registration with the Fair Work Commission. The agreement was to take effect from the date of the court's approval, and the parties were directed to provide a copy of the approved agreement to the Fair Work Commission for registration. This decision provided clarity and certainty for the parties involved and ensured that the agreement would be binding and enforceable under the Fair Work Act 2009.

Suez Recycling & Recovery (No 1) Pty Ltd T/A Suez Recycling & Recovery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established