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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of an enterprise agreement between SUEZ-Resourceco Pty Ltd and its employees, as represented by the relevant union. The application was brought before the Fair Work Commission, the body responsible for overseeing the approval and enforcement of such agreements in Australia. The dispute centred on whether the agreement complied with the statutory requirements under the Fair Work Act 2009, specifically in terms of its provisions and whether it met the prerequisites for approval.

The central legal issues revolved around the fairness and compliance of the proposed agreement with the relevant statutory provisions. The primary concern was whether the agreement provided for adequate protections for employees, including provisions on wages, conditions of employment, and dispute resolution mechanisms. The court was also required to assess whether the agreement had been genuinely negotiated and if it included appropriate procedures for its amendment or termination.

The Fair Work Commission carefully examined the contents of the proposed agreement against the statutory framework. It found that the agreement provided for fair and reasonable terms and conditions of employment, with provisions that aligned with the statutory requirements. The Commission concluded that the agreement had been genuinely negotiated and that it included appropriate mechanisms for its amendment or termination. As a result, the Commission approved the application for the Employee Enterprise Agreement 2018, deeming it to be compliant with the Fair Work Act 2009. This decision affirmed the agreement's validity, allowing it to be implemented as a binding contract between SUEZ-Resourceco Pty Ltd and its employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established