DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Resource Recovery Pty Ltd
(AG2019/1743)

WESTERN RESOURCE RECOVERY PTY LTD ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

Application for approval of the Western Resource Recovery Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Western Resource Recovery Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Western Resource 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.

[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 (TWU) 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 4 July 2019. The nominal expiry date of the Agreement is 1 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Western Resource Recovery Pty Ltd, an entity in the waste management industry, was involved in an application seeking approval of the Western Resource Recovery Pty Ltd Enterprise Agreement 2019. The application was heard in the Fair Work Commission, which is tasked with overseeing the approval and registration of enterprise agreements in accordance with the Fair Work Act 2009. The Fair Work Commission's role is to ensure that the agreement does not adversely affect the employee's entitlement to the safety net of minimum wages and conditions and that the agreement was made in good faith.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it provided for appropriate safety net protections. The Commission also considered the process by which the agreement was negotiated and whether it adhered to the procedural fairness requirements. Given the complexity of the negotiations and the nature of the industry, the Commission examined the specifics of the agreement, including the terms regarding wages, working conditions, and dispute resolution mechanisms, to ascertain compliance with the legislative framework.

In its reasoning, the Fair Work Commission examined the evidence presented regarding the negotiation process and the content of the agreement. The Commission found that the agreement was negotiated in good faith and that it provided for appropriate safety net protections. It was satisfied that the process followed adhered to procedural fairness and that the terms of the agreement did not adversely affect the minimum wages and conditions set out in the relevant industrial instruments. The Commission also took into account the industry standards and the specific circumstances of the employees covered by the agreement. Ultimately, the Commission was satisfied that the agreement met the necessary criteria for approval.

In light of its findings, the Fair Work Commission approved the Western Resource Recovery Pty Ltd Enterprise Agreement 2019. The approval signifies that the agreement is now legally binding on the parties and will govern the employment terms of the affected employees. The Commission's decision ensures that the agreement is consistent with the requirements of the Fair Work Act 2009 and protects the interests of both the employer and the employees.

Western Resource 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