REMONDIS Australia Pty Ltd

[2021] FWCA 2594

[2021] FWCA 2594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2021/4684)

REMONDIS AUSTRALIA SOUTH EAST QUEENSLAND LANDFILL, TRANSFER STATIONS ENTERPRISE AGREEMENT 2019-2023

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2021

Application for variation of the REMONDIS Australia South East Queensland Landfill, Transfer Stations Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the REMONDIS Australia South East Queensland Landfill, Transfer Stations Enterprise Agreement 2019-2023 (the Agreement). The application was made by REMONDIS Australia Pty Ltd pursuant to s 210 of the Fair Work Act 2009 (Act).

[2] The variation to the Agreement is attached to this decision as Annexure A. The substantive change is to allow for the cashing out of personal leave in a way contemplated by the Act.

[3] I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met. In particular, I am satisfied that, despite increases in the award rates of pay, the variation passes the ‘better off overall’ test in respect of employees who might work ordinary hours at times that would have attracted overtime under the relevant award, having regard to the additional benefits provided by the Agreement including employer superannuation contributions of ten percent, the ability of employees to salary sacrifice, and the employer’s provision of income protection insurance for employees.

[4] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted, and the Agreement was approved on 3 September 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s 216 of the Act, the variation will operate from 12 May 2021.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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