DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2015/2378)

REMONDIS AUSTRALIA PTY LTD QLD MAINTENANCE ENTERPRISE AGREEMENT 2015 - 2019

Waste management industry
COMMISSIONER ROBERTS	SYDNEY,1 MAY 2015

Application for approval of the REMONDIS Australia Pty Ltd QLD Maintenance Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd QLD Maintenance 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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2015. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

REMONDIS Australia Pty Ltd sought approval of the Queensland Maintenance Enterprise Agreement 2015-2019 from the Fair Work Commission. The dispute arose from the need to formalise the terms and conditions of employment for maintenance workers employed by REMONDIS in Queensland. The applicant argued that the agreement contained appropriate mechanisms for resolving disputes and providing for the fair and equitable treatment of employees. The respondent raised concerns regarding the adequacy of the agreement in terms of employee representation and the potential for unfair treatment.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for the fair and equitable treatment of employees, included appropriate dispute resolution mechanisms, and complied with other relevant provisions of the Act. The court had to determine if the agreement met the threshold criteria for being a 'better off overall' agreement and if it contained any terms that were contrary to public policy.

The Fair Work Commission found that the agreement was consistent with the legislative requirements and provided for the fair and equitable treatment of employees. The agreement included provisions for dispute resolution and employee representation, which were deemed adequate. The court concluded that the agreement did not contain any terms that were contrary to public policy and that it provided for a better outcome for employees overall. Consequently, the application for approval was granted.

The Fair Work Commission approved the Queensland Maintenance Enterprise Agreement 2015-2019, confirming its compliance with the Fair Work Act 2009. This decision allowed the agreement to be formally recognised and enforceable, ensuring that the terms and conditions of employment for the maintenance workers were adequately protected under the law.

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