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

[2019] FWCA 4638

[2019] FWCA 4638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery
(AG2019/1977)

SUEZ SHOALHAVEN RESIDENTIAL ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 JULY 2019

Application for approval of the SUEZ Shoalhaven Residential Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as Suez Shoalhaven Residential Enterprise Agreement 2018 (Agreement). That application was made by SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery (Suez) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single-enterprise agreement.

[2] Suez has provided written undertakings. A copy of those undertakings is attached to the Agreement in Annexure A. I am satisfied that no financial detriment will be caused to any employee covered by the Agreement as a result of the undertakings. I am satisfied that the undertakings do not result in substantial changes to the Agreement.

[3] Subject to the undertakings provided, 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 (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. The TWU has confirmed that it supports the approval of the Agreement and does not object to the undertakings in the form provided. In accordance with s.201(2) and based on the statutory declaration provided by the TWU. I note that the Agreement covers the TWU.

[5] The Agreement was approved on 3 July 2019 and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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