REMONDIS Australia Pty Ltd Summary

[2016] FWCA 2830

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

REMONDIS Australia Pty Ltd

(AG2016/2701)

REMONDIS AUSTRALIA PTY LTD, MACARTHUR REGION

MAINTENANCE ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 6 MAY 2016

Application for approval of the REMONDIS Australia Pty Ltd, Macarthur Region

Maintenance Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the

REMONDIS Australia Pty Ltd, Macarthur Region Maintenance Enterprise Agreement 2016-

2019 (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.

[1] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[2] The Agreement was approved on 6 May 2016 and, in accordance with s.54, will

operate from 13 May 2016. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from REMONDIS Australia Pty Ltd for approval of an enterprise agreement titled "REMONDIS Australia Pty Ltd, Macarthur Region Maintenance Enterprise Agreement 2016-2019" under section 185 of the Fair Work Act 2009. This application was considered by Commissioner Roe in Melbourne on May 6, 2016. The central issue before the Commission was whether the Agreement met all relevant requirements under sections 186, 187, and 188 of the Act for approval, particularly focusing on whether the group of employees covered by the agreement was fairly chosen, despite the Agreement not encompassing all employees of the employer.

Commissioner Roe determined that all the necessary conditions for the approval of the Agreement were fulfilled. The Commissioner was satisfied that the Agreement met the requirements under section 186, considering the factors outlined in sections 186(3) and (3A) of the Act. The Commissioner concluded that the group of employees included in the Agreement was fairly selected. The approval of the Agreement was granted on May 6, 2016, and it came into effect on May 13, 2016, as per section 54 of the Act. The Agreement will expire on January 1, 2020.

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