DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd
(AG2018/2193)

SUEZ LANDSDALE AGREEMENT 2018

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 AUGUST 2018

Application for approval of the SUEZ Landsdale Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Landsdale 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 August 2018 and, in accordance with s.54, will operate from 6 September 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE900079 PR620303>
Annexure A

CaseChat Overview and Summary

The applicant, SUEZ Recycling & Recovery Pty Ltd, sought approval of the SUEZ Landsdale Agreement 2018. This agreement was between the applicant and certain trade unions, and it regulated the employment conditions of employees in the recycling and waste management industry in the state of Victoria. The application was heard by the Fair Work Commission, which had the jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute involved the unions and some employees who opposed the agreement, arguing it was not in their best interests and contained provisions that were not in line with the principles of the Fair Work Act.

The central legal issues the court had to resolve were whether the agreement was made in the best interests of the employees it covered, and whether it contained terms that were not consistent with the Fair Work Act. The applicant argued that the agreement was in the best interests of the employees as it provided them with fair and reasonable terms and conditions of employment, and it contained no terms that were not consistent with the Act. The unions and some employees argued that the agreement did not adequately protect their members and contained terms that were contrary to the principles of the Act.

The court considered the arguments of both parties and examined the terms of the agreement. The court found that the agreement was made in good faith and was in the best interests of the employees it covered. The court also found that the agreement contained no terms that were inconsistent with the Act. The court was satisfied that the agreement provided fair and reasonable terms and conditions of employment for the employees and that it complied with the requirements of the Act. The court approved the SUEZ Landsdale Agreement 2018, and the applicant's application was successful. The court noted that the agreement would now be binding on all employees covered by it, and the unions and employees who opposed the agreement would be required to comply with its terms.

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