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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Remondis Australia Pty Ltd involved an application for approval of the company's Springmount Landfill and Cairns Transfer Station for the period 2019-2023. The application was lodged with the Queensland Planning Court, and the decision was delivered by Justice Holmes. The central dispute revolved around the environmental implications and compliance with zoning laws and other regulatory requirements.

The primary legal issues before the court were whether the proposed landfill and transfer station met the environmental standards set by the relevant legislation and whether the application complied with the planning scheme and other statutory requirements. This included assessing the environmental impact statement provided by Remondis and whether it sufficiently addressed potential risks and environmental degradation.

Justice Holmes meticulously reviewed the evidence and submissions from both Remondis and objectors. The court considered the environmental impact statement and the compliance with relevant planning laws. After evaluating the evidence, Justice Holmes found that the environmental impact statement was robust and adequately addressed the potential environmental risks. The court also determined that the application complied with the planning scheme and other statutory requirements. Consequently, the court approved the application for the Springmount Landfill and Cairns Transfer Station for the specified period.

As a result of the court's decision, Remondis Australia Pty Ltd was granted approval for its Springmount Landfill and Cairns Transfer Station for the years 2019-2023. The court's ruling provided a definitive resolution to the dispute, allowing Remondis to proceed with its operations under the approved conditions.

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