SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling and Recovery

[2017] FWCA 6039

[2017] FWCA 6039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling and Recovery
(AG2017/3479)

SUEZ PENRITH CITY COUNCIL AGREEMENT 2017

Waste management industry
COMMISSIONER SAUNDERS	NEWCASTLE, 16 NOVEMBER 2017

Application for approval of the SUEZ Penrith City Council Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Penrith City Council Agreement 2017 (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 T/A SUEZ Recycling and Recovery. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. 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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] Subject to the Undertakings, 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.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A