DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Remondis Australia Pty Ltd
(AG2017/2691)

REMONDIS (ST MARYS) WORKSHOP ENTERPRISE AGREEMENT 2011

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 31 JULY 2017

Termination of the Remondis (St Marys) Workshop Enterprise Agreement 2011.

[1] On 5 July 2017, Remondis Australia Pty Ltd lodged an application for the termination of the Remondis (St Marys) Workshop Enterprise Agreement 2011 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Remondis Australia Pty Ltd, the Fair Work Commission was asked to consider the termination of the Remondis (St Marys) Workshop Enterprise Agreement 2011. The matter arose between Remondis Australia Pty Ltd, the employer, and the Transport Workers Union of Australia, the employee representative. The union sought to challenge the employer's decision to terminate the enterprise agreement, which was in place for a group of employees working at the St Marys workshop.

The legal issues before the Commission involved the proper process for terminating an enterprise agreement under the Fair Work Act 2009. Specifically, the union argued that the employer had not followed the correct procedures and that the termination was therefore invalid. The central question was whether the employer had genuinely attempted to negotiate in good faith as required by the legislation, and whether the union had reasonably opposed the termination.

The Commission found that the employer had indeed made a genuine and reasonable attempt to negotiate with the union over the proposed changes to the enterprise agreement. The employer demonstrated that it had engaged in multiple meetings and discussions with the union, providing detailed proposals and seeking to reach a mutually acceptable outcome. The Commission concluded that the employer's actions were in line with the statutory requirements for terminating an enterprise agreement. As a result, the termination was upheld, and the enterprise agreement was considered to have ceased.

The final orders of the Commission confirmed the termination of the Remondis (St Marys) Workshop Enterprise Agreement 2011, effective from the date specified in the employer's notice. The decision underscored the importance of adhering to the procedural requirements when seeking to terminate an enterprise agreement and highlighted the need for genuine and reasonable negotiations between the parties involved.

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