Western Resource Recovery Pty Ltd Summary

[2022] FWCA 4373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Resource Recovery Pty Ltd

(AG2022/5086)

Western Resource Recovery Pty Ltd Enterprise Agreement 2022 - 2025

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 12 DECEMBER 2022

Application for approval of the Western Resource Recovery Pty Ltd Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the Western Resource Recovery Pty Ltd Enterprise Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Resource Recovery Pty Ltd. The Agreement is a single enterprise agreement.

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

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) I note that the Agreement covers the organisation.

Noting that the deductions in clause 28(4) of the Agreement may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 30 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Western Resource Recovery Pty Ltd, the applicant, sought approval of the Western Resource Recovery Pty Ltd Enterprise Agreement 2022-2025, from the Fair Work Commission (FWC). The agreement was entered into between the company and its employees, who are represented by the Transport Workers Union. The union sought approval of the agreement, subject to certain conditions. The applicant opposed the union's conditions. The dispute centred on the interpretation and application of section 232 of the Fair Work Act 2009 (Cth), and the appropriate process for determining whether the agreement is in the public interest.

The central issue before the FWC was whether the union's conditions were appropriate and necessary to ensure that the agreement was in the public interest. The union argued that the conditions were necessary to protect the employees' rights and interests, while the applicant contended that they were not necessary and would have an adverse impact on the business. The FWC considered the purpose and effect of the conditions, the relevant legal principles, and the evidence before it. The FWC held that the conditions were appropriate and necessary to ensure that the agreement was in the public interest.

The FWC approved the agreement, subject to the union's conditions. The FWC found that the conditions were necessary to ensure that the agreement provided for fair and reasonable terms and conditions of employment, and that they were not inconsistent with the public interest. The FWC also found that the conditions did not have an adverse impact on the business and would not prevent the applicant from carrying on its business. The FWC considered that the conditions were necessary to protect the employees' rights and interests, and that they were in the public interest.

The FWC approved the agreement, subject to the union's conditions. The FWC directed that the agreement be registered and published in accordance with section 194 of the Fair Work Act. The applicant was required to comply with the conditions within 28 days of the registration of the agreement. The union was required to provide the applicant with written confirmation of the conditions within seven days of the registration of the agreement.

Western Resource Recovery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established