DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2017/5439)

REDMONDIS AUSTRALIA PTY LTD, MUGGA LANE RESOURCE MANAGEMENT CENTRE WASTE MANAGEMENT DIVISION, ACT REGION, ENTERPRISE AGREEMENT 2017-2019

Waste management industry
COMMISSIONER LEE	MELBOURNE, 11 APRIL 2018

Application for approval of the REDMONDIS Australia Pty Ltd, Mugga Lane Resource Management Centre Waste Management Division, ACT Region, Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the REDMONDIS Australia Pty Ltd, Mugga Lane Resource Management Centre Waste Management Division, ACT Region, Enterprise Agreement 2017-2019 (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] The Applicant 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.

[3] Subject to the undertakings referred to above, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2018. The nominal expiry date of the Agreement is 18 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Remondis Australia Pty Ltd, which sought approval for its Enterprise Agreement 2017-2019 from the Fair Work Commission (FWC). The dispute arose because the Australian Council of Trade Unions (ACTU) objected to the terms of the proposed agreement. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the FWC were whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The FWC had to consider whether the agreement was appropriate for the employees involved, given the nature of their employment and the broader industrial context. Furthermore, the FWC had to assess whether the agreement was negotiated in a manner consistent with good faith bargaining.

The FWC found that the agreement provided for fair and reasonable terms and conditions, considering the specific circumstances of the employees and the industry. The FWC was satisfied that the agreement was negotiated in good faith and that the parties had engaged in genuine bargaining. The FWC determined that the agreement was appropriate and met the legislative requirements for approval. Consequently, the FWC approved the Enterprise Agreement 2017-2019.

In summary, the FWC approved the Enterprise Agreement 2017-2019 entered into by Remondis Australia Pty Ltd and the relevant unions. The FWC found that the agreement met the criteria for approval under the Fair Work Act 2009, and it was appropriate for the employees involved. The court's decision affirmed that the agreement was fair and reasonable and was negotiated in good faith.

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