DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd
(AG2021/7602)

SUEZ SAWT AGREEMENT 2021

Waste management industry
COMMISSIONER MATHESON	SYDNEY, 18 OCTOBER 2021

Application for approval of the SUEZ SAWT Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ SAWT Agreement 2021 (Agreement). The application was made by SUEZ Recycling & Recovery Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[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) of the Act, 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 25 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

< AE513565 PR735018>

Annexure A

CaseChat Overview and Summary

In the recent decision of Suez Recycling & Recovery Pty Ltd, the Federal Court was called upon to assess the merits of approving a proposed enterprise agreement between SUEZ SAWT and its employees. The applicant, Suez Recycling & Recovery Pty Ltd, sought the Court's approval for the SUEZ SAWT Agreement 2021, which outlined various terms and conditions of employment for employees working within the waste management sector. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary criteria for the Court's endorsement.

The primary legal issues before the Court were whether the agreement was a genuinely negotiated one and if it adhered to the requirements of the Fair Work Act. The Court had to determine whether the agreement contained the mandatory terms prescribed by the Act and if it was free from any provisions that could potentially undermine the rights or entitlements of the employees. Furthermore, the Court examined whether the agreement was genuinely negotiated and whether it was in the best interests of the employees.

In delivering the judgment, the Court found that the SUEZ SAWT Agreement 2021 was a genuinely negotiated agreement that contained all the mandatory terms prescribed by the Fair Work Act. The Court also determined that the agreement was in the best interests of the employees and did not contain any provisions that would be detrimental to their rights or entitlements. Consequently, the Court approved the SUEZ SAWT Agreement 2021, endorsing its implementation within the organisation.

The Court's decision was grounded in its analysis of the evidence presented and the relevant legislative framework. By approving the SUEZ SAWT Agreement 2021, the Court ensured that the employees would benefit from a fair and balanced agreement that met the necessary criteria for endorsement. This decision provides guidance for both employers and employees in negotiating and implementing enterprise agreements within the waste management sector and beyond.

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