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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of SUEZ Recycling & Recovery Pty Ltd trading as SUEZ Recycling & Recovery, the Fair Work Commission was called upon to determine whether the SUEZ Shoalhaven Residential Enterprise Agreement 2018 should be approved. The applicant, SUEZ Recycling & Recovery, sought the approval of this enterprise agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for residential staff within the SUEZ Shoalhaven operations, focusing on aspects such as wages, hours of work, and other employment conditions.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a safety net of minimum entitlements, was free from prohibited content, and had been made in good faith. Additionally, the Commission considered whether the agreement contained appropriate mechanisms for the resolution of any future disputes.

The Commission examined the terms of the agreement and the process by which it was negotiated and agreed upon. It found that the agreement satisfied the legislative criteria for approval, including the provision for a safety net of minimum entitlements and the absence of any prohibited content. The Commission also concluded that the agreement had been made in good faith, as evidenced by the negotiation process and the inclusion of dispute resolution mechanisms. Given these findings, the Commission approved the SUEZ Shoalhaven Residential Enterprise Agreement 2018, confirming its compliance with the necessary legal standards.

As a result of the Commission's approval, the SUEZ Shoalhaven Residential Enterprise Agreement 2018 is now in effect, governing the employment terms and conditions of the residential staff within the SUEZ Shoalhaven operations. This decision ensures that the agreement provides a fair and legally compliant framework for the employment relationship between the employer and the employees covered by the agreement.

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