DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2015/7656)

REMONDIS AUSTRALIA PTY LTD, ILLAWARRA REGION MAINTENANCE ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2016

Application for approval of the REMONDIS Australia Pty Ltd, Illawarra 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, Illawarra 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.

[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 14 January 2016 and, in accordance with s.54, will operate from 21 January 2016. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, REMONDIS Australia Pty Ltd, applied for the approval of the Illawarra Region Maintenance Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission (FWC), which oversees the approval of enterprise agreements under the Fair Work Act 2009. The applicant sought the approval of an agreement that would apply to its employees in the Illawarra region. The legal issues in this case centred on whether the agreement met the statutory requirements for approval under the Fair Work Act. The FWC had to consider whether the agreement was fairly negotiated, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements for approval.

The FWC assessed the evidence and submissions provided by both parties to determine if the agreement was fairly negotiated. It examined whether there was genuine bargaining between the parties, and whether the process was conducted in good faith. The FWC also evaluated whether the agreement contained the minimum terms and conditions prescribed by the Fair Work Act, including provisions related to wages, hours of work, and other employment-related matters. Furthermore, the FWC considered whether the procedural requirements for approval, such as the provision of relevant information to employees and the holding of a meeting to discuss the agreement, were met.

After considering the evidence and submissions, the FWC found that the agreement was fairly negotiated, contained the necessary minimum terms and conditions, and complied with the procedural requirements for approval. The FWC approved the agreement, recognising that it provided a fair and reasonable framework for the employment of the applicant's employees in the Illawarra region. The approval of the agreement ensures that the parties have an enterprise agreement in place that governs their employment relationship, promoting a stable and productive workplace.

As a result of the FWC's decision, the Illawarra Region Maintenance Enterprise Agreement 2016-2019 was approved and came into effect. The agreement now governs the employment terms and conditions of the applicant's employees in the Illawarra region, providing a framework for their relationship with the employer. This decision ensures that the employees have an agreed-upon set of terms and conditions, which helps to maintain a stable and productive workplace.

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