DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Recycling & Recovery Pty Ltd
(AG2021/7893)

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the SUEZ Bibra Lake & Welshpool Municipal Collections Drivers Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Bibra Lake & Welshpool Municipal Collections Drivers Agreement 2021 (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] 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 of Australia 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 15 November 2021. The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved SUEZ Recycling & Recovery Pty Ltd, which sought approval for the SUEZ Bibra Lake & Welshpool Municipal Collections Drivers Agreement 2021. The dispute centred on the application for approval of this enterprise agreement, which was submitted to the Fair Work Commission. The court was tasked with determining whether the agreement met the legal requirements for approval, particularly under the Fair Work Act 2009. The primary legal issue before the court was whether the agreement had been made in the "best interests" of the employees and whether it complied with the procedural requirements set out in the Fair Work Act. The court needed to consider the provisions of the agreement, the bargaining process, and whether the agreement contained the minimum terms and conditions required by law.

The Fair Work Commission examined the negotiation process, the terms of the agreement, and the submissions made by the parties. The court assessed whether the agreement was made in good faith, whether it was the product of genuine bargaining, and whether it provided for the employees' minimum entitlements. Additionally, the court had to ensure that the agreement did not undermine the rights of employees under the Fair Work Act. The Commission found that the agreement met the requirements for approval, noting that it contained the minimum terms and conditions and was made in the best interests of the employees.

In reaching its decision, the Fair Work Commission considered the evidence provided by both parties, the nature of the agreement, and the overall fairness and reasonableness of the terms. The Commission concluded that the agreement was appropriately made and that it did not contravene any provisions of the Fair Work Act. Therefore, the court granted the approval for the SUEZ Bibra Lake & Welshpool Municipal Collections Drivers Agreement 2021, finding that it met the necessary legal standards. The decision underscored the importance of ensuring that enterprise agreements are made in good faith and provide for the minimum entitlements of employees.

SUEZ Recycling & Recovery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established