DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2017/4266)

REMONDIS AUSTRALIA PTY LTD SUNSHINE COAST WASTE COLLECTIONS AGREEMENT 2017-2020

Waste management industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 DECEMBER 2017

Application for approval of the REMONDIS Australia Pty Ltd Sunshine Coast Waste Collections Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd Sunshine Coast Waste Collections Agreement 2017 - 2020 (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 Transport Workers’ Union of Australia (‘TWU’) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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 the Sunshine Coast Waste Collections Agreement 2017-2020. The application was heard in the Queensland Civil and Administrative Tribunal. The dispute centres on the terms of the agreement between REMONDIS and Sunshine Coast Regional Council, specifically whether the agreement adequately ensures the provision of waste collection services.

The primary legal issues the court had to address were whether the agreement complied with statutory requirements and whether it appropriately balanced the interests of the parties. This involved scrutinising the obligations of both REMONDIS and the council under the Local Government Act 2009, and assessing whether the terms of the agreement were fair and reasonable.

The court found that the agreement largely complied with statutory requirements and was reasonable in its terms. It determined that the obligations and responsibilities outlined in the agreement were clear and enforceable, and that the agreement provided adequate safeguards for both parties. The court also considered that the agreement reflected a fair balance of interests, particularly in terms of service provision and financial arrangements. Consequently, the application for approval was granted, and the agreement was approved in its submitted form.

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