DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2017/3791)

SUEZ KALGOORLIE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the SUEZ Kalgoorlie Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Kalgoorlie 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 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 case of SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery, the applicant sought approval for the SUEZ Kalgoorlie Agreement 2017 from the Fair Work Commission. This agreement pertained to the terms and conditions of employment for certain workers in the recycling industry. The dispute centred on the procedural fairness and appropriateness of the agreement, as well as whether it met the necessary standards under the Fair Work Act 2009.

The court was tasked with determining whether the agreement was made in accordance with the relevant provisions of the Act, particularly focusing on the procedural fairness of the process and the substantive fairness of the terms. Additionally, the court had to consider whether the agreement complied with the requirements for an enterprise agreement under the Fair Work Act, including the need for it to be free from prohibited content.

The Fair Work Commission found that the process leading to the agreement was procedurally fair and that the agreement itself was substantively fair and compliant with the requirements of the Act. The Commission was satisfied that the agreement was made in good faith and for the purpose of establishing the terms and conditions of employment. The court approved the SUEZ Kalgoorlie Agreement 2017, finding that it met all the necessary criteria under the Fair Work Act.

The Commission's final order was the approval of the SUEZ Kalgoorlie Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant workers as stipulated.

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