DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd
(AG2018/3147)

SUEZ MELBOURNE WORKSHOP AND CONTAINER SHOP AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 JANUARY 2019

Application for approval of the SUEZ Melbourne Workshop and Container Shop Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Melbourne Workshop and Container Shop Agreement 2018 (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 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 29 January 2019 and, in accordance with s.54, will operate from 5 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd sought approval for the SUEZ Melbourne Workshop and Container Shop Agreement 2018 in the Fair Work Commission. The applicant aimed to secure the agreement as an enterprise agreement under the Fair Work Act 2009, necessitating the Commission's determination of whether the agreement met the necessary criteria for approval. The dispute centred on whether the agreement adequately addressed the requirements for registration, particularly focusing on the compliance with procedural fairness and the proper representation of the employees.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, specifically sections 229 and 230. These sections require that the agreement be made in good faith and without the coercion or interference of employers. Additionally, the Commission had to consider whether the necessary 45-day cooling-off period had been properly observed and whether the agreement was supported by a sufficient number of employees.

The Commission examined the evidence presented regarding the consultation and negotiation processes and found that the agreement had been made without undue employer influence. The Commission also confirmed that the cooling-off period had been properly adhered to and that the requisite number of employee signatures supported the agreement. The Commission was satisfied that the agreement was fair and balanced, meeting all the legislative requirements for approval. Consequently, the Commission approved the SUEZ Melbourne Workshop and Container Shop Agreement 2018 as a registered enterprise agreement.

In its decision, the Commission noted the importance of ensuring that enterprise agreements were made fairly and without employer coercion. The Commission emphasised that the agreement was a critical tool for balancing the interests of employees and employers, and it highlighted the importance of procedural fairness in the negotiation process. The final order was that the SUEZ Melbourne Workshop and Container Shop Agreement 2018 be approved and registered as an enterprise agreement under the Fair Work Act 2009.

Suez Recycling & Recovery 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