DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2015/4747)

REMONDIS AUSTRALIA PTY LTD BRISBANE WASTE INNOVATION ALLIANCE ENTERPRISE AGREEMENT 2015-2018

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 3 SEPTEMBER 2015

Application for approval of the REMONDIS Australia Pty Ltd Brisbane Waste Innovation Alliance Enterprise Agreement 2015- 2018.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd Brisbane Waste Innovation Alliance Enterprise Agreement 2015- 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by REMONDIS Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Remondis Australia Pty Ltd involved the applicants, REMONDIS Australia Pty Ltd, who sought approval of their proposed Enterprise Agreement with the Brisbane Waste Innovation Alliance for the period 2015-2018. The dispute was heard by the Fair Work Commission, which has jurisdiction over employment-related matters in Australia. The applicants argued that the proposed agreement was fair and reasonable, while the respondents contended that it did not adequately protect employees' rights and interests.

The primary legal issues before the court were whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009 and whether it was appropriate to approve the agreement despite the respondents' objections. The court considered factors such as the agreement's impact on employees' pay and conditions, the process by which it was negotiated, and whether it provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission found that the proposed enterprise agreement met the criteria set out in the Fair Work Act. The court considered the agreement to be fair and reasonable, taking into account the negotiation process and the outcomes for employees. The Commission determined that the applicants had demonstrated a genuine effort to negotiate in good faith and that the agreement provided for appropriate pay and conditions for employees. The respondents' objections were ultimately not sufficient to prevent the approval of the agreement. The court granted the application and approved the enterprise agreement for the period 2015-2018.

As a result of the court's decision, the enterprise agreement between REMONDIS Australia Pty Ltd and the Brisbane Waste Innovation Alliance was approved and will be in effect for the specified period. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including matters such as pay rates, hours of work, leave entitlements, and dispute resolution procedures. The approval of the agreement ensures that both parties have a clear and binding framework for their employment relationship during the agreement's duration.

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