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

[2021] FWCA 6123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Suez Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery Pty Ltd
(AG2021/7418)

SUEZ LANDSDALE AGREEMENT 2021

Waste management industry
COMMISSIONER MCKINNON	MELBOURNE, 6 OCTOBER 2021

Application for approval of the SUEZ Landsdale Agreement 2021.

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

[2] 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.

[3] 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.

[4] The Agreement is approved and will operate from 13 October 2021. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Suez Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery Pty Ltd sought approval for the SUEZ Landsdale Agreement 2021. This agreement, part of the broader initiative to modernise Australia's waste management practices, was designed to establish a framework for industrial relations between the company and its employees. The application for approval arose from the need to formalise the terms of employment under the new agreement, ensuring compliance with relevant industrial laws.

The central legal issues before the court involved the validity and enforceability of the SUEZ Landsdale Agreement 2021. The court had to assess whether the agreement met the necessary legal criteria for approval, including whether it was genuinely negotiated, contained provisions that were fair and reasonable, and aligned with the requirements of the Fair Work Act 2009. Furthermore, the court needed to determine if the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the court meticulously examined the negotiation process, the content of the agreement, and its compliance with industrial laws. The court found that the agreement was genuinely negotiated and reflected a fair and reasonable outcome for all parties. The provisions of the agreement were deemed to meet the statutory requirements and were consistent with the principles of good faith and fairness as mandated by the Fair Work Act. Based on these findings, the court approved the SUEZ Landsdale Agreement 2021, recognising its validity and enforceability.

Consequently, the court issued an order approving the SUEZ Landsdale Agreement 2021, confirming its legitimacy and enabling its implementation. This approval facilitates the modernisation of industrial relations practices within the company, aligning with contemporary waste management standards and labour laws. The decision sets a precedent for similar agreements in the industry, reinforcing the importance of fair and negotiated terms in employment agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established