Suez Recycling & Recovery Pty Ltd; Transport Workers’ Union of Australia

[2021] FWCA 3219

[2021] FWCA 3219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Recycling & Recovery Pty Ltd; Transport Workers’ Union of Australia
(AG2021/5130)

SUEZ SHOALHAVEN COMMERCIAL AND INDUSTRIAL COLLECTIONS AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 JUNE 2021

Application for approval of the SUEZ Shoalhaven Commercial and Industrial Collections Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Shoalhaven Commercial and Industrial Collections 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 and the Transport Workers’ Union of Australia. 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 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 seven days from the approval of this agreement. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A