DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Resource Recovery Pty Ltd T/A Western Resource Recovery
(AG2015/7857)

WESTERN RESOURCE RECOVERY ENTERPRISE AGREEMENT 2016

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 22 JANUARY 2016

Approval of the Western Resource Recovery Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Western Resource Recovery Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

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

[3] 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) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and will operate from 29 January 2016. The nominal expiry date of the Agreement is 22 January 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Western Resource Recovery Pty Ltd trading as Western Resource Recovery, sought approval of the Western Resource Recovery Enterprise Agreement 2016. The respondent, the Transport Workers Union of Australia, opposed the approval of the agreement on various grounds. The matter was heard in the Fair Work Commission. The primary legal issue before the commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the respondent argued that the agreement did not meet the genuine agreement test and contained unfair terms.

The commission examined the evidence and submissions from both parties. It considered the process by which the agreement was negotiated, the fairness of the terms, and whether the agreement was genuinely made by the parties. The commission found that the agreement was genuinely negotiated and not the result of coercion or undue influence. It also concluded that the terms of the agreement were not unfair and were consistent with industry standards. The commission held that the agreement met the genuine agreement test and did not contain unfair terms. Consequently, the commission approved the enterprise agreement.

The commission's decision was based on the evidence presented and the applicable legal framework. It found that the agreement was a genuine enterprise agreement and did not contain unfair terms. The commission approved the Western Resource Recovery Enterprise Agreement 2016, and the applicant's application for approval was successful.

Western Resource Recovery Pty Ltd T/A Western Resource Recovery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established