DECISION

Fair Work Act 2009
s.225—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2018/3578)

REMONDIS AUSTRALIA PTY LTD, PLANT DIVISION, SOUTHERN REGION MAINTENANCE COLLECTIVE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER MCKENNA	SYDNEY, 8 AUGUST 2018

Application for termination of the Remondis Australia Pty Ltd Plant Division Southern Region Maintenance Collective Agreement 2012-2015.

[1] Further to the reasons given at the conclusion of proceedings today, the termination of the Remondis Australia Pty Ltd Plant Division Southern Region Maintenance Collective Agreement 2012-2015 is approved.

[2] The termination operates from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case before the Fair Work Commission, Remondis Australia Pty Ltd sought to terminate the Remondis Australia Pty Ltd Plant Division Southern Region Maintenance Collective Agreement 2012-2015. The application was made under section 234 of the Fair Work Act 2009. The dispute arose from a breakdown in negotiations between Remondis and the union representing the employees, resulting in the employer's decision to terminate the agreement. The union opposed the application, arguing that the termination was unjust and that there was still potential for the agreement to be maintained through continued negotiations.

The central legal issue before the Commission was whether the termination of the collective agreement was justified under the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider whether the application met the criteria for termination as set out in section 234 of the Act, which allows for termination if there are substantial changes in circumstances or if the parties are unable to reach an agreement after good faith negotiations. The Commission also needed to assess the parties' conduct during the negotiation process and determine whether the termination was made in good faith.

In delivering its decision, the Commission found that the application for termination was not justified. The employer had failed to demonstrate that there had been substantial changes in circumstances warranting the termination of the agreement. Furthermore, the Commission noted that the employer had not acted in good faith, as it had not made a genuine effort to negotiate a new agreement. The Commission emphasised the importance of maintaining industrial harmony and the role of the Fair Work Act in facilitating fair and constructive negotiations. As a result, the application for termination was dismissed.

The Fair Work Commission ordered that the Remondis Australia Pty Ltd Plant Division Southern Region Maintenance Collective Agreement 2012-2015 remain in effect until its scheduled expiry date. Additionally, the Commission directed the parties to resume negotiations in good faith with the aim of reaching a new agreement. This decision underscores the importance of continued engagement and the obligation of both employers and unions to work towards a resolution in the spirit of the Act.

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