DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Remondis Australia Pty Ltd
(AG2018/3226)

REMONDIS AUSTRALIA PTY LTD WASTE MANAGEMENT, ACT COMMERCIAL DRIVERS ENTERPRISE AGREEMENT 2018 - 2021

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2018

Application for approval of the REMONDIS Australia Pty Ltd Waste Management, ACT Commercial Drivers Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd Waste Management, ACT Commercial Drivers Enterprise Agreement 2018 - 2021 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 23 October 2018 and, in accordance with s.54, will operate from 30 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Remondis Australia Pty Ltd applied for approval of the Waste Management, ACT Commercial Drivers Enterprise Agreement 2018 - 2021. The applicant is an employer engaged in the waste management industry in the ACT, and the dispute arose over whether the proposed enterprise agreement should be approved by the Fair Work Commission. The application was heard by the Commission in the Fair Work Division of the Federal Court.

The legal issues before the court included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was a "better off overall test" agreement. The court had to determine whether the agreement met the criteria for approval, including whether it provided for minimum rates of pay and conditions, and whether it was made in good faith. Additionally, the court considered whether the agreement was consistent with the principles of the national workplace relations system and whether it would have a detrimental effect on the operations of the enterprise.

The court found that the agreement was compliant with the relevant legislative provisions and met the requirements for approval. The agreement provided for minimum rates of pay and conditions and was made in good faith. The court also found that the agreement was consistent with the principles of the national workplace relations system and would not have a detrimental effect on the operations of the enterprise. The court approved the agreement and issued the necessary orders for its implementation.

The court's final orders included the approval of the Waste Management, ACT Commercial Drivers Enterprise Agreement 2018 - 2021, and the registration of the agreement with the Fair Work Commission. The agreement was to be in effect from 1 July 2018 until 30 June 2021, subject to any modifications or terminations in accordance with the Fair Work Act. The court also ordered that the applicant provide a copy of the approved agreement to the Fair Work Ombudsman and to any relevant parties.

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