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

[2021] FWCA 6171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/7426)

SUEZ PERTH INDUSTRIAL SERVICES AGREEMENT 2021

Waste management industry
COMMISSIONER MCKINNON	MELBOURNE, 8 OCTOBER 2021

Application for approval of the SUEZ Perth Industrial Services Agreement 2021.

[1] SUEZ Recycling & Recovery Pty Ltd has applied for approval of a single enterprise agreement known as the SUEZ Perth Industrial Services Agreement 2021 (the Agreement).

[2] 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.

[3] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will operate from 15 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

[6] The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, SUEZ Recycling & Recovery Pty Ltd, trading as SUEZ Recycling & Recovery Pty Ltd, sought approval for the SUEZ Perth Industrial Services Agreement 2021. The agreement aimed to govern the provision of industrial waste collection services in Perth. The application for approval was contested by the Australian Workers Union, which argued that the proposed agreement did not sufficiently protect the rights and conditions of the employees involved.

The court needed to determine whether the agreement provided appropriate safeguards for the employees' rights, wages, and working conditions, and if it was in line with the relevant industrial laws and regulations. The legal issues centred on the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, which require that any enterprise agreement must provide for, or prohibit, certain matters, including wages and other conditions of employment.

The court examined the provisions of the agreement and the arguments presented by both parties. It found that the SUEZ Perth Industrial Services Agreement 2021 did indeed provide adequate protections for the employees' rights and conditions, and was consistent with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court approved the agreement, concluding that it met the necessary standards for approval and would benefit both the employees and the employer.

The court ordered that the SUEZ Perth Industrial Services Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the court's decision. The agreement would now govern the provision of industrial waste collection services in Perth, ensuring that the rights and conditions of the employees were protected in accordance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established