DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2015/3043)

REMONDIS AUSTRALIA PTY LTD, WASTE MANAGEMENT DOMESTIC COLLECTIONS ENTERPRISE AGREEMENT 2015-2018

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 22 JUNE 2015

Application for approval of the REMONDIS Australia Pty Ltd, Waste Management Domestic Collections Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Waste Management Domestic Collections 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 Agreement is approved and, in accordance with s.54, will operate from 29 June 2015. The nominal expiry date is 1 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Remondis Australia Pty Ltd for approval of the Waste Management Domestic Collections Enterprise Agreement 2015-2018. The dispute centred around the terms and conditions set out in the proposed agreement, which aimed to govern the employment relationship between Remondis and its domestic waste collection employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues the Commission had to resolve included whether the agreement provided for the fair and reasonable remuneration of employees, covered the appropriate scope of bargaining, and adhered to procedural fairness. The Commission also needed to assess whether the agreement included appropriate mechanisms for dispute resolution and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was consistent with the broader principles of public policy and industrial fairness.

In reaching its decision, the Fair Work Commission carefully examined the evidence presented by both parties. The Commission concluded that the agreement did provide for fair and reasonable remuneration and covered the appropriate scope of bargaining. It was also found to include adequate mechanisms for dispute resolution and to be consistent with the statutory requirements of the Fair Work Act. The Commission determined that the agreement complied with the necessary provisions and principles of public policy and industrial fairness. As such, the Commission approved the Waste Management Domestic Collections Enterprise Agreement 2015-2018, making it a legally binding instrument for the duration specified.

The final orders of the Commission included the approval of the agreement, which would now serve as the basis for the employment conditions of domestic waste collection employees within the specified period. The Commission's decision provided clarity and certainty to both Remondis and its employees regarding their rights and obligations under 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