DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2016/2574)

REMONDIS AUSTRALIA PTY LTD, HUNTER / WESTERN REGION MAINTENANCE ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 APRIL 2016

Application for approval of the REMONDIS Australia Pty Ltd, Hunter / Western Region Maintenance Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Hunter / Western Region Maintenance Enterprise Agreement 2015-2019 (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.

[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 29 April 2016 and, in accordance with s.54, will operate from 6 May 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved REMONDIS Australia Pty Ltd, an employer, and its employees, represented by the Transport Workers Union of Australia. The dispute centred on the application for approval of the REMONDIS Australia Pty Ltd, Hunter / Western Region Maintenance Enterprise Agreement 2015-2019. The matter was heard by the Fair Work Commission.

The central legal issues were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT) agreement. The Commission had to determine if the proposed terms and conditions were fair and reasonable, and if the agreement provided employees with a BOOT compared to the applicable award.

In its decision, the Fair Work Commission considered the provisions of the Fair Work Act and the relevant award. The Commission examined the bargaining process and the nature of the changes proposed in the agreement. It also assessed whether the agreement provided employees with a BOOT, taking into account factors such as wage increases, penalty rates, and other benefits. After considering the submissions and evidence from both parties, the Commission found that the agreement met the necessary legal requirements and provided employees with a BOOT. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was the approval of the REMONDIS Australia Pty Ltd, Hunter / Western Region Maintenance Enterprise Agreement 2015-2019, effective from the date of the decision. The agreement was to be registered with the Registrar of the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement.

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