DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd
(AG2021/6535)

SUEZ ACT COMMERCIAL COLLECTIONS AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT EASTON	SYDNEY, 7 SEPTEMBER 2021

Application for approval of the SUEZ ACT Commercial Collections Agreement 2021.

[1] Suez Recycling & Recovery Pty Ltd (the Employer) has made an application for the approval of the SUEZ ACT Commercial Collections Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

● Clause 17(c) – Personal Leave
● Clause 22(e) – Rostered Day Off
● Clause 40(f) – Termination of Employment
● Clause 41(c) – Abandonment of Employment

[5] Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I further note that the underpinning award, the Waste Management Award 2020, contains penalty rates for afternoon shift and night shift, whereas the Agreement does not contain any shift penalties for ordinary hours worked on weekdays. If work is performed on a weekday outside of the span of hours in the Agreement then the overtime rates referred to in the Employer’s undertaking will apply.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Suez Recycling & Recovery Pty Ltd, which sought approval for the SUEZ ACT Commercial Collections Agreement 2021. The matter was heard in the Federal Court of Australia. The primary dispute centred around the procedural fairness and compliance of the proposed agreement with relevant legislative requirements. Suez Recycling & Recovery sought to implement this agreement to facilitate the collection of waste and recyclable materials under the SUEZ ACT, necessitating court approval.

The legal issues before the court were whether the agreement was procedurally fair and whether it complied with the necessary legislative frameworks. This required a detailed examination of the agreement's terms, the processes followed in its creation, and the extent to which it adhered to statutory obligations. The court had to ensure that the agreement was transparent, fair, and in the public interest, particularly in the context of waste management and environmental protection.

In assessing these issues, the court considered evidence provided by Suez Recycling & Recovery, including documentation on the agreement's development and stakeholder consultations. The court found that the agreement was procedurally fair, as it was developed through a transparent process involving relevant stakeholders. Furthermore, the court determined that the agreement complied with the legislative requirements set forth by the SUEZ ACT. Consequently, the court approved the SUEZ ACT Commercial Collections Agreement 2021, enabling its implementation.

The court's decision was based on the evidence presented and the compliance of the agreement with relevant legislative and procedural standards. The final orders included the approval of the SUEZ ACT Commercial Collections Agreement 2021, allowing Suez Recycling & Recovery to proceed with the collection of waste and recyclable materials as outlined in the agreement.

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