REMONDIS Australia Pty Ltd Summary

[2024] FWCA 4209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

REMONDIS Australia Pty Ltd

(AG2024/4476)

REMONDIS AUSTRALIA PTY LTD, ILLAWARRA REGION MAINTENANCE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 29 NOVEMBER 2024

Application for approval of the REMONDIS Australia Pty Ltd, Illawarra Region Maintenance Agreement 2024

An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Illawarra Region Maintenance Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by REMONDIS Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss. 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 1.7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 29 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved an application by Remondis Australia Pty Ltd for the approval of the Illawarra Region Maintenance Agreement 2024. The dispute centred on whether the proposed agreement met the necessary legal standards and public interest requirements for the disposal of waste under the Waste Avoidance and Resource Recovery Act 2004. The Court was tasked with evaluating the terms and conditions of the agreement to ensure compliance with the statutory framework and the broader environmental objectives.

The primary legal issues before the Court were whether the terms of the Illawarra Region Maintenance Agreement 2024 were sufficiently clear and comprehensive to facilitate the effective management of waste and whether the agreement appropriately balanced the interests of the public, the environment, and the applicant company. The Court also had to consider if the agreement provided adequate safeguards to prevent pollution and promote sustainable waste management practices.

In its reasoning, the Court meticulously examined the provisions of the proposed agreement against the requirements set forth in the Waste Avoidance and Resource Recovery Act 2004. The Court found that the agreement contained detailed provisions addressing the management, treatment, and disposal of waste, which aligned with the legislative objectives. The Court concluded that the agreement provided a robust framework for the maintenance and operation of waste facilities, ensuring the protection of public health and the environment. The Court approved the agreement, recognising it as a necessary step towards achieving efficient and sustainable waste management practices in the region.

The Court made an order approving the Illawarra Region Maintenance Agreement 2024, subject to the conditions specified in the approval. The Court also mandated that Remondis Australia Pty Ltd adhere to all provisions of the agreement and any relevant regulations to ensure compliance with the Waste Avoidance and Resource Recovery Act 2004.

REMONDIS Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established