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

[2021] FWCA 7083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/8452)

SUEZ GNANGARA MUNICIPAL COLLECTIONS DRIVERS
AGREEMENT 2021

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 13 DECEMBER 2021

Application for approval of the SUEZ Gnangara Municipal Collections Drivers Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Gnangara Municipal Collections Drivers Agreement 2021 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicant, SUEZ Recycling & Recovery Pty Ltd, trading as SUEZ Recycling & Recovery Pty Ltd, sought approval of the SUEZ Gnangara Municipal Collections Drivers Agreement 2021. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary dispute centred on the terms and conditions of the proposed agreement and whether they complied with the requirements for an enterprise agreement.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements. Key issues included whether the agreement provided for genuine bargaining, whether it addressed the matters specified in the Act, and whether it complied with the "better off overall test." The Commission had to assess if the agreement offered a more favourable outcome for the employees compared to the applicable awards or other agreements.

The Fair Work Commission found that the SUEZ Gnangara Municipal Collections Drivers Agreement 2021 met the criteria for approval. The Commission concluded that the agreement had been genuinely bargained, contained all the required matters, and passed the better off overall test. The Commission considered the terms of the agreement to be fair and reasonable, providing adequate protection and benefits for the employees. Consequently, the application for approval was successful, and the agreement was approved.

The Commission's final orders included the approval of the SUEZ Gnangara Municipal Collections Drivers Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established