Remondis Australia Pty Ltd

[2019] FWCA 6338

[2019] FWCA 6338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Remondis Australia Pty Ltd
(AG2019/2950)

REMONDIS AUSTRALIA PTY LTD SPRINGMOUNT LANDFILL AND CAIRNS TRANSFER STATION 2019 -2023

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Remondis Australia Pty Ltd Springmount Landfill and Cairns Transfer Station 2019 -2023

[1] Remondis Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Remondis Australia Pty Ltd Springmount Landfill and Cairns Transfer Station 2019 -2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

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Annexure A