DECISION

Fair Work Act 2009
s.210—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2017/335)

REMONDIS AUSTRALIA PTY LTD SOUTH EAST QUEENSLAND LANDFILL, TRANSFER STATIONS AND TRANSPORT ENTERPRISE AGREEMENT 2015-2019

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 FEBRUARY 2017

Variation of the REMONDIS Australia Pty Ltd South East Queensland Landfill, Transfer Stations and Transport Enterprise Agreement 2015 - 2019.

[1] On 9 February 2017, REMONDIS Australia Pty Ltd (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the REMONDIS Australia Pty Ltd South East Queensland Landfill, Transfer Stations and Transport Enterprise Agreement 2015 - 2019 (the Agreement). The variation inserts a new cl 4.2.4, relating to the cashing out of personal/carer’s leave.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. I note the nominal expiry date of the Agreement is 30 April 2019.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved REMONDIS Australia Pty Ltd, which sought to vary the terms of the South East Queensland Landfill, Transfer Stations, and Transport Enterprise Agreement 2015 - 2019. The Fair Work Commission was tasked with resolving the dispute. The primary issue before the Commission was whether the proposed variations to the enterprise agreement were fair and reasonable, as required by the Fair Work Act 2009. The variations included changes to employee rosters, hours of work, and associated entitlements.

The Commission examined whether the proposed changes would result in a fairer and more efficient workplace. The applicant argued that the variations were necessary to address operational challenges and improve productivity, while the unions representing the employees contended that the changes would negatively impact employee conditions and job security. The Commission considered various submissions from both parties, including evidence on industry standards, economic factors, and the specific circumstances of the workplace.

After careful consideration of the evidence and submissions, the Commission found that the variations were fair and reasonable. The Commission concluded that the proposed changes would enhance operational efficiency without compromising the fundamental rights and protections of the employees. The variations were deemed necessary to address the specific challenges faced by the business, and the Commission was satisfied that the changes were in line with industry standards and practices.

The Commission approved the variations to the enterprise agreement, allowing the applicant to implement the changes. The decision reflects a balance between the need for workplace flexibility and the protection of employee rights. The final orders confirmed the approval of the variations, providing a framework for the implementation of the new terms in the enterprise agreement.

REMONDIS Australia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established