REMONDIS Australia Pty Ltd

[2024] FWCA 4258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

REMONDIS Australia Pty Ltd

(AG2024/4348)

REMONDIS AUSTRALIA ACT LANDFILL AND TRANSFER STATIONS ENTERPRISE AGREEMENT 2024

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 DECEMBER 2024

Application for approval of the REMONDIS Australia ACT Landfill and Transfer Stations Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the REMONDIS Australia ACT Landfill and Transfer Stations Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by REMONDIS Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2024. The nominal expiry date of the Agreement is 3 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the REMONDIS Australia ACT Landfill and Transfer Stations Enterprise Agreement 2024. The applicants were REMONDIS Australia Pty Ltd, and the respondents were various trade unions representing employees. The dispute centred on the terms and conditions of employment as set out in the proposed agreement and whether it complied with the necessary legal and procedural requirements for enterprise agreements under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement met the procedural requirements for certification and whether it complied with the provisions of the Fair Work Act, including the "better off overall test" (BOOT) to ensure employees were not worse off financially and had genuine improvements in their working conditions. The court also needed to consider the fairness of the agreement's terms and whether it adhered to the principles of good faith bargaining and procedural fairness.

In reaching its decision, the court meticulously reviewed the application and the supporting documentation, including the proposed agreement and evidence of the bargaining process. The court found that the agreement had been negotiated in good faith and met all procedural requirements. It also concluded that the agreement was compliant with the Fair Work Act, passing the BOOT by ensuring that employees would not be worse off and would benefit from the terms of the new agreement. The court was satisfied that the applicants had met their burden of proof and that the agreement was fair and reasonable.

The final orders of the court approved the REMONDIS Australia ACT Landfill and Transfer Stations Enterprise Agreement 2024, certifying it as meeting the legal standards required for enterprise agreements under the Fair Work Act. This certification was effective from the date of the court's decision, allowing the agreement to be implemented between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established