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
(AG2020/3446)

SUEZ GIPPSLAND ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 DECEMBER 2020

Application for approval of the SUEZ Gippsland Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Gippsland Enterprise Agreement 2020 (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. 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 ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union, 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.

[4] The Agreement was approved on 23 December 2020 and, in accordance with s.54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd, trading as Suez Recycling & Recovery, sought approval for the Suez Gippsland Enterprise Agreement 2020 in the Fair Work Commission. The application was brought by the employer to formalise the terms and conditions of employment for its employees covered by the agreement. The dispute primarily revolved around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for fair and reasonable terms of employment, and whether it complied with the minimum entitlements as outlined in the Fair Work Act. Additionally, the court examined whether the agreement appropriately addressed the bargaining rights of the employees and whether it was made in good faith. The employer needed to demonstrate that the agreement was certified by an independent certifier as genuinely negotiated and that it contained no illegality.

The Fair Work Commission found that the agreement was fairly negotiated and met the criteria for approval under the Act. The court considered that the agreement provided for fair and reasonable terms, including minimum wage rates, leave entitlements, and other conditions of employment. The employer successfully demonstrated that the agreement was made in good faith and that the process followed was in line with the requirements of the Act. The court also found that the agreement did not contain any illegality and appropriately addressed the employees' bargaining rights.

The Fair Work Commission approved the Suez Gippsland Enterprise Agreement 2020, noting that it provided for fair and reasonable terms of employment and met all the legal requirements for approval under the Fair Work Act 2009. The agreement was deemed to be genuinely negotiated and in compliance with the minimum entitlements and good faith obligations under the Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established