SUEZ-Resourceco Alternative Fuels Pty Ltd

[2021] FWCA 5616

[2021] FWCA 5616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ-Resourceco Alternative Fuels Pty Ltd
(AG2021/6837)

SUEZ-RESOURCECO PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 8 SEPTEMBER 2021

Application for approval of the SUEZ-Resourceco Pty Ltd Employee Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ-Resourceco Pty Ltd Employee Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SEUX-Resourceco Alternative Fuels Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 August 2021.

[3] On 2 September 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 September 2021. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Casual employees who are shift workers will be paid a cumulative penalty of 142.5% of the ordinary hourly rate for Afternoon shift and 155% of the ordinary hourly rate for Overnight shift.

•  Clauses 1.3.6 and 4.1.2 of the Agreement are removed.

•  Ordinary hours of work may be worked any time between the hours of 4.00 am to 5.00 pm from Monday to Friday.

•  Ordinary hours of work must not exceed 7.6 hours per day and are to be worked continuously except for meal breaks.

•  The rates in Schedule 1 of the Agreement are inclusive of the Industry Allowance as well as the Leading Hand Allowance for those covered by the classifications of Supervisor, Maintenance Supervisor and Programmer/Electrical Supervisor.

•  An employee (with classifications of Picker/General Hand, Weighbridge Operator, Senior Picker/General Hand, Team Leader Picker and Operator-Grinder) required to commence duty before 4.00 am will be entitled to a transport allowance, unless the employer provides transport.

•  A first-aid allowance for employees with classifications of Picker/General Hand, Weighbridge Operator, Senior Picker/General Hand, Team Leader Picker and Operator-Grinder.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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