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

[2021] FWCA 6596

[2021] FWCA 6596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/8041)

SUEZ MELBOURNE WORKSHOP & CONTAINER SHOP AGREEMENT 2021

Waste management industry
COMMISSIONER O'NEILL	MELBOURNE, 10 NOVEMBER 2021

Application for approval of the SUEZ Melbourne Workshop & Container Shop Agreement 2021

[1] SUEZ Recycling & Recovery Pty Ltd has applied for approval of an enterprise agreement known as the SUEZ Melbourne Workshop & Container Shop Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  10.3 – Abandonment of Employment; and

•  23.3 – Evidence Supporting Claim.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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<AE513801  PR735591>

Annexure A