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

ANNEXURE A

CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd applied for approval of a new enterprise agreement, the SUEZ Shoalhaven Commercial and Industrial Collections Agreement 2020, with the Transport Workers' Union of Australia. The Federal Court was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The central issue was whether the agreement was genuinely negotiated, contained permissible terms, and was appropriately presented to the employees.

The court examined the evidence provided, including the negotiation process and the employees' consultation. It assessed whether the agreement was free from any unfair provisions and if it had been properly presented to the workforce for a vote. The court also considered the views of the union and the employer on the negotiation process and the content of the agreement. After reviewing the evidence, the court found that the agreement had been genuinely negotiated, contained permissible terms, and was appropriately presented to the employees. The court was satisfied that the agreement met the necessary criteria for approval.

The court approved the SUEZ Shoalhaven Commercial and Industrial Collections Agreement 2020, noting that it had been properly negotiated and contained permissible terms. The court highlighted that the agreement was beneficial to both the employer and the employees, providing a fair and reasonable framework for their relationship. The final orders of the court included the approval of the agreement, which would now be binding on the parties and their employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established