DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery
(AG2017/1759)

SUEZ SYDNEY COMMERCIAL WORKSHOP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JULY 2017

Application for approval of the SUEZ Sydney Commercial Workshop Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Sydney Commercial Workshop Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 25 July 2017 and, in accordance with s.54, will operate from 1 August 2017. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 Sydney Commercial Workshop Enterprise Agreement 2016. The application was made under the Fair Work Act 2009, seeking to have the agreement recognised as a modern award. The dispute centred on whether the agreement complied with the legislative requirements, specifically focusing on the provisions related to employee entitlements, classification, and dispute resolution mechanisms.

The primary legal issues before the Fair Work Commission were whether the agreement met the threshold for better off overall comparison, and whether it contained all the prescribed minimum terms and conditions as stipulated by the Fair Work Act. The Commission also examined whether the agreement adequately protected employees' rights and interests, and if the processes for resolving disputes were fair and effective.

The Fair Work Commission found that the agreement did not meet the better off overall comparison test. The Commission noted that certain clauses in the agreement did not provide employees with adequate protections and entitlements compared to the relevant modern award. Furthermore, the Commission identified issues with the dispute resolution provisions, finding them to be insufficient in ensuring fair and timely resolution of employment disputes. Consequently, the application for approval was dismissed, as the agreement failed to meet the statutory requirements for approval.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements provide employees with protections and entitlements at least as favourable as those in the relevant modern award. The Commission's ruling underscores the need for careful drafting of enterprise agreements to comply with the statutory requirements, particularly in relation to dispute resolution mechanisms. The dismissal of the application serves as a reminder to employers and bargaining agents of the necessity to adhere strictly to legislative mandates when negotiating and finalising enterprise agreements.

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