DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Remondis Australia Pty Ltd
(AG2021/4112)

REMONDIS AUSTRALIA ST MARYS MAINTENANCE ENTERPRISE AGREEMENT 2020 – 2022

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MAY 2021

Application for approval of the REMONDIS Australia St Marys Maintenance Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia St Marys Maintenance Enterprise Agreement 2020 - 2022 (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. 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Remondis Australia Pty Ltd was the applicant in the Fair Work Commission, seeking approval for the REMONDIS Australia St Marys Maintenance Enterprise Agreement 2020 - 2022. The dispute involved the terms and conditions of employment for maintenance workers under the enterprise agreement. The case centred around the procedural fairness of the agreement and whether it complied with the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement was properly negotiated and if the procedural requirements under the Fair Work Act had been met. Specifically, the court had to examine if the agreement was made in good faith and if the employer had provided adequate information to the employees to enable informed consent. Furthermore, the court needed to ensure the agreement did not adversely affect employees in a manner that was not in their best interests.

The court found that the employer had not acted in good faith and had failed to provide adequate information to the employees, thereby breaching the procedural requirements of the Fair Work Act. Consequently, the court did not approve the enterprise agreement. The decision emphasised the importance of procedural fairness and the necessity for employers to provide employees with comprehensive information to make informed decisions regarding their employment conditions.

The Fair Work Commission ordered that the enterprise agreement be rejected, and the matter was remitted for further negotiation and consultation between the parties to address the identified procedural deficiencies.

Remondis Australia 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