DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd
(AG2018/3831)

SUEZ MELBOURNE METROPOLITAN COLLECTIONS ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2018

Application for approval of the SUEZ Melbourne Metropolitan Collections Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Melbourne Metropolitan Collections Enterprise 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. 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 applied to the Fair Work Commission (FWC) for approval of the SUEZ Melbourne Metropolitan Collections Enterprise Agreement 2018. The application followed the parties' agreement to seek FWC approval under section 231 of the Fair Work Act 2009 (Cth). The dispute arose from negotiations between Suez Recycling & Recovery Pty Ltd, as the employer, and the relevant unions, concerning the terms and conditions of employment for the employees covered by the agreement.

The central legal issue before the FWC was whether the terms of the agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC needed to determine if the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Act, including the requirements for procedural fairness and good faith bargaining. The unions argued that the agreement did not adequately protect employee rights and conditions, while Suez Recycling & Recovery Pty Ltd maintained that the agreement was fair and in the best interests of all parties.

In its decision, the FWC carefully examined the provisions of the agreement and the evidence presented by both parties. The FWC considered the bargaining process, the terms of the agreement, and the interests of the employees. The FWC found that the agreement was procedurally fair, in good faith, and met the requirements of the Act. The FWC was satisfied that the agreement was in the best interests of the employees, taking into account the overall fairness and benefits provided by the agreement. Consequently, the FWC approved the SUEZ Melbourne Metropolitan Collections Enterprise Agreement 2018.

The FWC's approval of the agreement means that it will now be binding on the parties and their employees, setting the terms and conditions of employment for the period specified in the agreement. The decision underscores the importance of ensuring that enterprise agreements are fair and meet the statutory criteria for approval under the Fair Work Act.

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