DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2019/59)

SUEZ BENDIGO ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2019

Application for approval of the SUEZ Bendigo Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Bendigo Enterprise 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 T/A SUEZ Recycling & Recovery. The Agreement is a single enterprise agreement.

[2] 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 7 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, SUEZ Recycling & Recovery Pty Ltd, trading as SUEZ Recycling & Recovery, applied for the approval of the SUEZ Bendigo Enterprise Agreement 2018. The application was opposed by several unions, including the Transport Workers Union and the Australian Manufacturing Workers Union. The dispute centred on the terms and conditions of employment for workers in the recycling and waste management industry, particularly those employed at the SUEZ Bendigo facility. The Fair Work Commission was tasked with determining whether the proposed enterprise agreement was fair and appropriate for the employees covered by the agreement.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for being a "better off overall test" (BOOT) agreement, and whether it provided for the employees' rights and entitlements in accordance with the Fair Work Act 2009. The Commission had to assess the agreement's provisions concerning wages, leave entitlements, penalty rates, and other employment conditions. Furthermore, the Commission needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission found that the SUEZ Bendigo Enterprise Agreement 2018 was fair and appropriate. The Commission concluded that the agreement provided for the employees' rights and entitlements in line with the Fair Work Act. The Commission found that the agreement met the BOOT requirement, as it provided for a reasonable balance between the interests of the employer and the employees. The Commission also determined that the agreement's provisions concerning wages, leave entitlements, and penalty rates were fair and reasonable. Based on these findings, the Commission approved the SUEZ Bendigo Enterprise Agreement 2018.

The Fair Work Commission approved the SUEZ Bendigo Enterprise Agreement 2018, and it will now be legally binding on the parties involved. The Commission's decision brings clarity to the employment conditions for workers at the SUEZ Bendigo facility, and provides a framework for the ongoing relationship between the employer and the employees. The approved agreement will govern the terms and conditions of employment for the workers covered by the agreement, and will remain in effect until it is superseded by a new agreement or until it is terminated in accordance with the Fair Work Act.

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