DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2019/199)

SUEZ BALLARAT ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 MAY 2019

Application for approval of the SUEZ Ballarat Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Ballarat Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery. The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery involved an application for the approval of the SUEZ Ballarat Enterprise Agreement 2019. The dispute pertained to the terms and conditions of employment for the employees within the organisation, focusing on whether the proposed agreement was fair and balanced. The Commission was tasked with assessing the agreement under the Fair Work Act 2009, ensuring it met the legal standards for approval.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the criteria set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for procedural fairness in its creation, included the necessary minimum terms, and was free from any contraventions of the Act. The applicant argued that the agreement was fair and balanced, while no party contested its procedural fairness. The Commission also had to consider whether the agreement was consistent with the principles of the national workplace relations system, particularly in terms of promoting harmonious, productive, and cooperative workplace relations.

The Commission examined the agreement clause by clause, taking into account the submissions from the parties and relevant legislative provisions. It found that the agreement was procedurally fair, as it was negotiated in good faith and allowed for meaningful consultation between the employer and the employees. The Commission further determined that the agreement included all the required minimum terms and did not contravene any provisions of the Fair Work Act 2009. The analysis also confirmed that the agreement promoted harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the SUEZ Ballarat Enterprise Agreement 2019, finding it to be fair and balanced.

The Fair Work Commission's decision was to approve the SUEZ Ballarat Enterprise Agreement 2019. The Commission found the agreement to be compliant with the legislative requirements and conducive to promoting positive workplace relations. The approval was based on the comprehensive examination of the agreement's terms and its adherence to the principles of the national workplace relations system.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established