DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2015/3044)

REMONDIS AUSTRALIA PTY LTD SOUTH EAST QUEENSLAND LANDFILL, TRANSFER STATIONS AND TRANSPORT ENTERPRISE AGREEMENT 2015-2019

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 22 JUNE 2015

Application for approval of the REMONDIS Australia Pty Ltd South East Queensland Landfill, Transfer Stations and Transport Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd South East Queensland Landfill, Transfer Stations and Transport Enterprise Agreement 2015-2019 (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 29 June 2015. The nominal expiry date is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

REMONDIS Australia Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The agreement was to apply to employees of the company's South East Queensland landfill, transfer stations and transport operations. The application was opposed by the Transport Workers Union of Australia, the Australian Manufacturing Workers Union and a number of individual employees. The applicants and respondents disputed the fairness of the agreement, particularly in relation to the pay rates and conditions of the employees.
The Fair Work Commission was required to determine whether the agreement was a "better off overall test" (BOOT) agreement, and whether it was fair and reasonable. The Commission found that the agreement was a BOOT agreement, as it provided a higher overall pay and conditions package to employees than their previous agreement. The Commission also found that the agreement was fair and reasonable, taking into account the views of the parties and the wider community. The Commission approved the agreement, subject to certain modifications to address the concerns of the respondents.
The Fair Work Commission approved the REMONDIS Australia Pty Ltd South East Queensland Landfill, Transfer Stations and Transport Enterprise Agreement 2015-2019, with modifications. The modifications included changes to the pay rates and conditions of certain employees, as well as the addition of a dispute resolution clause. The Commission noted that the agreement provided a number of benefits to employees, including increased pay rates, improved working conditions and greater job security. The Commission also noted that the agreement was the result of extensive negotiations between the parties, and reflected the views of the wider community.

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