//
[15]
austlii:cth/FWCA/2025/2356
General information, not legal advice.
FWCA
2025-07-17
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 17 July 2025.
The title of the enterprise agreement in the preamble has been corrected to remove the words 'Application for approval of the' preceding the title so that the title of the enterprise agreement is Outlook Waste, Recycling and Shop Queensland Enterprise Agreement 2025.
s.185 - Application for approval of a single-enterprise agreement
OUTLOOK WASTE, RECYCLING AND SHOP QUEENSLAND ENTERPRISE AGREEMENT 2025
Application for approval of the Outlook Waste, Recycling and Shop Queensland Enterprise Agreement 2025
[1] Outlook (Aust) Ltd ("the Employer") has applied for approval of an enterprise agreement known as the Outlook Waste, Recycling and Shop Queensland Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] The Employer relies on the same notification time, and the Notice of Employee Representational Rights ("NERR"), that underpinned an application made and withdrawn in an earlier proceeding.[1] Since withdrawing that application, the Employer has applied to terminate the enterprise agreement that is currently in operation. It has now applied for approval of this agreement. The NERR that is relied upon is also in an earlier version of the prescribed form. To the extent necessary, for the purposes of subsection 188(5), I am satisfied that these were minor technical or procedural errors and not likely to disadvantage any employees in the circumstances.
[3] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] An individual employee wrote to the Commission regarding the Agreement, and specifically in relation to pay rates for work performed on weekends. The applicant, union, and bargaining representatives had an opportunity to respond. I have considered the employee's correspondence and the responses, and I do not consider the issue raised gives rise to any impediment to approval.
[5] The Employer has given a written undertaking in accordance with section 190 of the Fair Work Act. The undertaking is attached as Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
[6] With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.
[7] The Australian Workers' Union (AWU) lodged a declaration in the prescribed form[2] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the AWU.
[8] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 March 2028.
Printed by authority of the Commonwealth Government Printer