SUEZ-Resourceco Alternative Fuels Pty Ltd T/A SUEZ-Resourceco

[2019] FWCA 3159

[2019] FWCA 3159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ-Resourceco Alternative Fuels Pty Ltd T/A SUEZ-Resourceco
(AG2019/122)

SUEZ-RESOURCECO PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 8 MAY 2019

Application for approval of the SUEZ-Resourceco Pty Ltd Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ-Resourceco Pty Ltd Employee Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SUEZ-Resourceco Alternative Fuels Pty Ltd T/A SUEZ-Resourceco. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 April 2019.

[3] On 30 April 2019, 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 the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 May 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  For the purposes of clause 3.2 of the Agreement, part-time employees will be engaged for a minimum of four hours each day.

•  For the purposes of clause 3.3 of the Agreement, casual employees who have served twelve months of employment may request to convert to permanent employment and the Applicant will not unreasonably refuse any such request.

•  For the purposes of clause 3.3.3 of the Agreement, casual employees will be paid shift loading in accordance with the Waste Management Award 2010.

•  For the purposes of clauses 3.1, 4.1.1.1 and 4.1.2.1 of the Agreement, all hours of work will be averaged in accordance with 4.1.1.1.

[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 from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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