REMONDIS Australia Pty Ltd Summary

[2017] FWCA 4751

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

REMONDIS Australia Pty Ltd

(AG2017/2732)

REMONDIS Australia Central Coast Domestic Enterprise Agreement 2017 - 2021

Waste management industry
Deputy President Masson	MELBOURNE, 12 SEPTEMBER 2017

Application for approval of the REMONDIS Australia Central Coast Domestic Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Central Coast Domestic Enterprise Agreement 2017 - 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.

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.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2017. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, REMONDIS Australia Pty Ltd, sought approval of the REMONDIS Australia Central Coast Domestic Enterprise Agreement 2017 - 2021. The applicant sought the approval of the agreement under the Fair Work Act 2009. The Fair Work Commission was the forum for the application. The legal issues before the Commission were whether the agreement met the criteria for registration as a certified agreement, including whether it was a genuine agreement, provided for the proper classification and payment of employees, and complied with the relevant provisions of the Fair Work Act.

The Commission examined the evidence and submissions from both parties to determine if the agreement was genuinely negotiated and not the product of coercion or undue influence. The Commission also assessed whether the agreement provided for appropriate classification and payment of employees and if it complied with the statutory minimum entitlements. After thorough consideration, the Commission found that the agreement met all the necessary criteria for registration. It was a genuine agreement, appropriately classified employees, and adhered to the statutory requirements.

Consequently, the Commission approved the REMONDIS Australia Central Coast Domestic Enterprise Agreement 2017 - 2021, allowing it to become a certified agreement. This approval meant that the terms and conditions outlined in the agreement were legally binding on the parties and enforceable. The Commission's decision provided clarity and certainty for the employees and employer, ensuring the agreement was fair and compliant with the relevant legislation.

REMONDIS Australia Pty Ltd

CaseChat Overview and Summary

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