DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2018/6472)

SUEZ CAMPBELLTOWN ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER RIORDAN	SYDNEY, 18 APRIL 2019

Application for approval of the SUEZ Campbelltown Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Campbelltown 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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers’ Union of NSW(TWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 15 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Senior Human Resources Business Partner, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd, trading as Suez Recycling & Recovery, applied to the Fair Work Commission for the approval of the Suez Campbelltown Enterprise Agreement 2018. The application pertained to the terms and conditions of employment for employees within the Campbelltown facility, which operates as a recycling and waste recovery entity. The crux of the dispute was whether the proposed terms and conditions encapsulated in the agreement were fair and reasonable, meeting the requisite standards under the Fair Work Act 2009. The Fair Work Commission was tasked with scrutinising the agreement to ensure it complied with the legal framework governing industrial relations in Australia.

The primary legal issues before the Commission involved assessing the fairness and reasonableness of the proposed terms and conditions set forth in the enterprise agreement. This included examining whether the agreement provided for fair remuneration, reasonable working hours, adequate leave provisions, and compliance with other statutory entitlements. Additionally, the Commission had to consider whether the agreement met the procedural requirements stipulated in the Fair Work Act, including the appropriate consultation and negotiation processes. The court was required to ensure that the agreement did not undermine the rights of employees and maintained a fair balance between the interests of both employers and employees.

In its decision, the Commission found that the Suez Campbelltown Enterprise Agreement 2018 was fair and reasonable, and thus approved it. The Commission determined that the agreement provided for fair compensation and reasonable working hours, in line with the statutory minimum standards. The proposed leave provisions were also deemed adequate, and the agreement was found to be compliant with the procedural requirements of the Fair Work Act. The Commission concluded that the agreement balanced the interests of both parties and did not undermine the rights of employees, thereby meeting the necessary criteria for approval.

As a result of the decision, the Fair Work Commission approved the Suez Campbelltown Enterprise Agreement 2018, allowing it to take effect. The approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Suez Recycling & Recovery and its employees at the Campbelltown facility, subject to the statutory protections and rights enshrined in 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