DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2020/2857)

SUEZ GEELONG ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 OCTOBER 2020

Application for approval of the SUEZ Geelong Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Geelong Enterprise Agreement 2020 (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. 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.

[3] The Transport Workers’ Union of Australia (TWU) 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 was approved on 13 October 2020 and, in accordance with s.54, will operate from 20 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd applied for approval of the SUEZ Geelong Enterprise Agreement 2020, which was to be registered under the Fair Work Act 2009. The applicant, Suez Recycling, is an employer in the waste management industry, and the dispute centred on the terms and conditions of employment for its employees at the Geelong site. The application was heard by the Full Bench of the Fair Work Commission, which had jurisdiction over the matter under the Fair Work Act.

The primary legal issues before the court were whether the proposed agreement met the criteria for approval as set out in the Fair Work Act, including whether the agreement contained the minimum terms and conditions prescribed by the Act, whether it had been fairly negotiated, and whether it provided for a fair and efficient workplace. The court also needed to determine if the agreement adequately covered matters such as employee entitlements, working conditions, and dispute resolution mechanisms.

In delivering its decision, the Full Bench found that the proposed agreement did indeed meet the statutory requirements. The agreement was comprehensive, covering all mandatory minimum terms and conditions, and included provisions for a fair and efficient workplace. The court was satisfied that the agreement had been fairly negotiated, and that it provided for appropriate dispute resolution mechanisms. The Bench also noted that the agreement included provisions for employee consultation and participation, which were in line with best practices in enterprise bargaining. The Full Bench approved the SUEZ Geelong Enterprise Agreement 2020, and the agreement was subsequently registered.

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established