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
(AG2017/3690)

SUEZ GIPPSLAND ENTERPRISE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 DECEMBER 2017

Application for approval of the SUEZ Gippsland Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Gippsland Enterprise 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 & Recovery. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 December 2017 and, in accordance with s.54, will operate from 19 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, SUEZ Recycling & Recovery Pty Ltd, trading as Suez Recycling & Recovery, applied for the Fair Work Commission's approval of the SUEZ Gippsland Enterprise Agreement 2017. The application was made in response to concerns raised by the Australian Manufacturing Workers' Union and individual employees about certain provisions of the proposed agreement. The dispute centred on the adequacy of the agreement in providing fair and equitable terms and conditions for the employees.

The primary legal issue before the court was whether the SUEZ Gippsland Enterprise Agreement 2017 met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided for the employees' terms and conditions of employment in a manner that was fair and reasonable, and whether it complied with the various statutory protections and minimum standards set out in the Act. The court also considered the submissions and objections made by the relevant unions and employees.

After carefully examining the terms of the agreement and the submissions from the parties, the Fair Work Commission concluded that the SUEZ Gippsland Enterprise Agreement 2017 was fair and reasonable for the purposes of the Act. The Commission found that the agreement provided for fair and equitable terms and conditions for the employees, and that it complied with the statutory protections and minimum standards. The Commission further determined that the agreement was in the best interests of the employees, and that it should be approved.

In light of the findings, the Fair Work Commission approved the SUEZ Gippsland Enterprise Agreement 2017, effective from the date of the decision. The approval was subject to certain conditions, including a requirement for the employer to provide notice to the Commission of any changes to the agreement within 30 days of the change being made. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman.

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