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

[2021] FWCA 7282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd
(AG2021/8875)

SUEZ BALLARAT AGREEMENT 2022

Waste management industry
COMMISSIONER MIRABELLA	MELBOURNE, 24 DECEMBER 2021

Application for approval of the SUEZ Ballarat Agreement 2022.

[1] SUEZ Recycling & Recovery Pty Ltd T/A SUEZ Recycling & Recovery Pty Ltd has made an application for approval of an enterprise agreement known as the SUEZ Ballarat Agreement 2022 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement was approved on 24 December 2021 and, in accordance with s. 54, will operate from 1 January 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd applied to the Fair Work Commission for approval of the SUEZ Ballarat Agreement 2022, which was intended to replace existing enterprise agreements and cover employees in the Ballarat region. The application followed union negotiations and an earlier application for approval of the SUEZ Melbourne Agreement 2022, which was approved on 16 February 2023. The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly sections 231 and 232, and whether it met the good faith bargaining standard under section 186(d). The Commission also considered whether the agreement contained appropriate pay and conditions for the employees covered by the agreement.

The Commission found that the agreement was consistent with the legislative requirements and met the good faith bargaining standard. The agreement was deemed to be in the best interests of the employees, providing appropriate pay and conditions. The Commission noted the parties' extensive negotiations and the union's endorsement of the agreement. It also found that the agreement did not include any terms that were contrary to public policy or otherwise unenforceable. Given these findings, the Commission approved the SUEZ Ballarat Agreement 2022, effective from 1 April 2023.

No further orders were made by the Commission. The approval of the agreement means that it will now apply to the employees in the Ballarat region, replacing any existing enterprise agreements. The decision in this case is consistent with the approach taken in the earlier Melbourne agreement and demonstrates the Commission's commitment to facilitating fair and effective enterprise bargaining.

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