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

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the SUEZ Melbourne Workshop & Container Shop Agreement 2021 was heard in the Fair Work Commission. The applicant, SUEZ Recycling & Recovery Pty Ltd, sought to have the agreement approved under section 233 of the Fair Work Act 2009. The dispute arose as the applicant aimed to establish a new enterprise agreement that would govern the terms and conditions of employment for certain employees working at its Melbourne workshop and container shop.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements and whether it provided for the proper application of the relevant principles of the National Workplace Relations Framework. This involved assessing whether the agreement contained all the mandatory terms prescribed by the Act and whether it was made in good faith and without coercion. Furthermore, the Commission needed to determine whether the agreement provided for a fair and efficient workplace and if it allowed for adequate protection of employee rights.

The Commission found that the proposed agreement met the necessary statutory requirements. It contained all the mandatory terms prescribed by the Fair Work Act and was made in good faith. The Commission noted that the agreement provided for a fair and efficient workplace, including provisions for pay rates, classification, and dispute resolution. Additionally, it ensured adequate protection of employee rights, including provisions for flexible working arrangements and the right to request changes to an employee's hours of work. The Commission concluded that the agreement was in the best interests of the employees and approved it under section 233 of the Fair Work Act.

The final orders of the Commission were that the SUEZ Melbourne Workshop & Container Shop Agreement 2021 be approved under section 233 of the Fair Work Act 2009, effective from 1 July 2021. The agreement was registered with the Commission and would apply to the employees covered by its terms. The Commission's decision provided certainty for both the applicant and the employees involved, ensuring a fair and efficient workplace.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established