DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2016/3462)

REMONDIS AUSTRALIA PTY LTD, CENTRAL COAST REGION MAINTENANCE ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the REMONDIS Australia Pty Ltd, Central Coast Region Maintenance Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Central Coast Region Maintenance Enterprise Agreement 2015 - 2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 30 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved REMONDIS Australia Pty Ltd and the Transport Workers Union of Australia. The dispute centred on the approval of the REMONDIS Australia Pty Ltd, Central Coast Region Maintenance Enterprise Agreement 2015-2018. The application was heard by the Fair Work Commission (FWC) in Australia. The union contested the terms of the enterprise agreement, specifically the provisions related to penalty rates and overtime.

The key legal issues before the FWC were whether the terms of the enterprise agreement were in accordance with the relevant legislative framework and if they met the requirements for approval under the Fair Work Act 2009. The union argued that certain provisions were not in line with the legislation and did not sufficiently protect the employees' interests. The company, on the other hand, maintained that the agreement was fair and reasonable and complied with all legal requirements.

In its decision, the FWC considered the arguments of both parties and examined the provisions of the agreement in detail. The FWC found that while some of the provisions were contentious, they did not contravene the Fair Work Act or other relevant laws. The FWC also noted that the agreement provided a reasonable balance of interests between the employer and the employees. Consequently, the FWC approved the enterprise agreement.

The FWC's final order was that the REMONDIS Australia Pty Ltd, Central Coast Region Maintenance Enterprise Agreement 2015-2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

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