DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

REMONDIS Australia Pty Ltd
(AG2016/6558)

REMONDIS AUSTRALIA PTY LTD, WASTE MANAGEMENT, CENTRAL COAST COMMERCIAL ENTERPRISE AGREEMENT 2016-2020

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 DECEMBER 2016

Approval of the REMONDIS Australia Pty Ltd, Waste Management, Central Coast Commercial Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Waste Management, Central Coast Commercial Enterprise Agreement 2016-2020 (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 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 on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 13 December 2020.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

REMONDIS Australia Pty Ltd recently sought approval from the Fair Work Commission for the REMONDIS Australia Pty Ltd, Waste Management, Central Coast Commercial Enterprise Agreement 2016-2020. The dispute involved the application of the Fair Work Act 2009 to determine whether the enterprise agreement met the requirements for approval. The Commission was tasked with assessing if the agreement was in the best interests of the employees covered by it.

The legal issues before the Commission included whether the agreement had been made in accordance with the good faith provisions of the Act, and if it contained terms that provided for fair and reasonable remuneration and conditions of employment. Additionally, the Commission needed to consider if the agreement was consistent with the objectives of the Fair Work Act, which include promoting high levels of employment and economic prosperity.

The Fair Work Commission approved the enterprise agreement, finding that it had been made in good faith and contained terms that were fair and reasonable. The Commission noted that the agreement provided for improvements in remuneration and conditions for employees, and that it was consistent with the objectives of the Act. The Commission concluded that the agreement was in the best interests of the employees covered by it, and was therefore eligible for approval. The Commission's decision provides guidance on the requirements for approving enterprise agreements under the Fair Work Act.

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