DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery (No.1) Pty Ltd T/A SUEZ Recycling & Recovery
(AG2018/2872)

SUEZ NO.1 ENGINEERING TRADES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the SUEZ No.1 Engineering Trades Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ No.1 Engineering Trades Enterprise Agreement 2016 (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] 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 18 September 2018. The nominal expiry date of the Agreement is 1 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant company, SUEZ Recycling & Recovery, sought approval of an Enterprise Agreement from the Fair Work Commission (FWC). The dispute centred on the terms and conditions of employment for engineering trades employees under the proposed SUEZ No.1 Engineering Trades Enterprise Agreement 2016. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement provided for fair and reasonable terms and conditions of employment, if it was free from any coercive or unfair elements, and if it complied with the procedural requirements for making an enterprise agreement. The applicant argued that the agreement was fair and reasonable and met all legislative requirements, while the respondent, the Australian Manufacturing Workers' Union, contested certain aspects of the agreement.

The FWC examined the agreement in detail, considering the nature of the work, the roles of the employees, and the bargaining positions of the parties. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment. It found that the agreement was made in good faith and without any coercive or unfair elements. Additionally, the FWC determined that the procedural requirements for making the agreement were met, including proper notification and opportunity for employee input.

The FWC approved the SUEZ No.1 Engineering Trades Enterprise Agreement 2016, finding it to be fair and reasonable. The decision was made on the basis that the agreement met all legislative requirements and provided for the fair and reasonable terms and conditions of employment for the relevant employees.

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