DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

REMONDIS Australia Pty Ltd
(AG2015/2742)

REMONDIS AUSTRALIA PTY LTD SPRINGMOUNT LANDFILL AND TRANSFER STATION ENTERPRISE AGREEMENT 2015- 2019

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 29 MAY 2015

Application for approval of the REMONDIS Australia Pty Ltd Springmount Landfill and Transfer Station Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd Springmount Landfill and Transfer Station 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 Services 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 5 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 for the approval of the Springmount Landfill and Transfer Station Enterprise Agreement 2015-2019 before the Fair Work Commission. The application involved the negotiation and formal approval of a workplace agreement that would govern the employment terms of REMONDIS Australia Pty Ltd's employees at the Springmount Landfill and Transfer Station. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The key legal issues the commission had to address included whether the agreement was genuinely bargained, free from coercion, and met the Fair Work Act's requirements for good faith bargaining and procedural fairness. Additionally, the commission had to determine if the agreement complied with the Fair Work Act's provisions on minimum entitlements and if it contained terms that were not unduly harsh, unjust, or oppressive. The commission needed to examine if the agreement provided for proper consultation processes and if the employees had been adequately informed and consulted during the negotiation process.

The Fair Work Commission found that the agreement had been genuinely negotiated and was free from any form of coercion. It determined that the process followed was procedurally fair, with adequate consultation and information provided to the employees. The commission concluded that the agreement met all necessary requirements under the Fair Work Act, including the provision of minimum entitlements and the absence of any unduly harsh, unjust, or oppressive terms. The commission approved the enterprise agreement, recognising it as a valid and legally binding document governing the employment terms at the Springmount Landfill and Transfer Station.

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