DECISION

Fair Work Act 2009
s.225—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2017/4602)

REMONDIS MACKAY WASTE MANAGEMENT ENTERPRISE AGREEMENT 2013 - 2017

Waste management industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 NOVEMBER 2017

Application for termination of the REMONDIS Mackay Waste Management Enterprise Agreement 2013-2017.

[1] REMONDIS Australia Pty ltd has made an application to terminate the REMONDIS Mackay Waste Management Enterprise Agreement 2013-2017 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act).

[2] There are no longer any employees covered by the Agreement. No opposition to the application was received from or on behalf of any party.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Remondis Australia Pty Ltd sought to terminate the REMONDIS Mackay Waste Management Enterprise Agreement 2013-2017 through an application before the Fair Work Commission. The dispute involved whether the employer's actions, including the introduction of new rosters, constituted a "change of circumstances" as defined under section 240 of the Fair Work Act 2009. The employees argued that the changes amounted to an unlawful termination of the agreement.

The legal issues before the court included determining whether the employer's introduction of new rosters constituted a significant change in the enterprise's operations that warranted termination of the existing enterprise agreement. Another issue was whether the employer had acted in good faith when implementing the changes, as required by the Act. The court also needed to consider whether the changes were part of a broader pattern of employer conduct that aimed to undermine the existing agreement.

The Fair Work Commission found that the employer's actions did constitute a significant change in the enterprise's operations, warranting termination of the existing enterprise agreement. The Commission held that the employer had acted in good faith and that the changes were not part of a broader pattern of conduct aimed at undermining the agreement. The Commission also found that the employees' concerns about the impact of the new rosters on their working conditions were valid. However, the Commission ultimately determined that the changes were necessary to improve the efficiency and sustainability of the enterprise and that the benefits of the changes outweighed the negative impacts on the employees. The application was therefore granted, and the existing enterprise agreement was terminated.

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