REMONDIS Australia Pty Ltd

[2024] FWCA 1529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

REMONDIS Australia Pty Ltd

(AG2024/1092)

REMONDIS AUSTRALIA SEVEN HILLS ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER MCKINNON	SYDNEY, 29 APRIL 2024

Application for approval of the REMONDIS Australia Seven Hills Enterprise Agreement 2024

REMONDIS Australia Pty Ltd has applied for approval of a single enterprise agreement known as the REMONDIS Australia Seven Hills Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 6 May 2024. The nominal expiry date of the Agreement is 29 April 2027.

The Agreement covers the Transport Workers' Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Remondis Australia Pty Ltd applied for approval of the REMONDIS Australia Seven Hills Enterprise Agreement 2024. The agreement was intended to cover the employment of Remondis employees at the Seven Hills site, including those who were members of the National Union of Workers. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 in terms of its content, process, and compliance with the Fair Work (Registered Organisations) Act 2009. The Commission had to determine whether the agreement was made in good faith, fairly represented the interests of the employees, and was not contrary to public policy.

The primary legal issue was whether the agreement satisfied the statutory criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, without coercion, and whether it contained the required minimum terms and conditions of employment. The Commission also considered whether the agreement had been negotiated fairly and whether it complied with the process outlined in the Act. Additionally, the Commission had to ensure that the agreement did not contravene any provisions of the Fair Work (Registered Organisations) Act 2009.

After reviewing the application and the evidence presented, the Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement had been made in good faith, without coercion, and contained the required minimum terms and conditions. The evidence demonstrated that the agreement had been negotiated fairly and complied with the process requirements of the Act. The Commission also found that the agreement did not contravene any provisions of the Fair Work (Registered Organisations) Act 2009. Consequently, the Commission approved the REMONDIS Australia Seven Hills Enterprise Agreement 2024.

The Commission's decision was based on the comprehensive evidence provided, which demonstrated that the agreement was fair and reasonable. The Commission noted that the agreement provided for adequate pay and conditions, including provisions for leave, overtime, and other entitlements. The Commission was also satisfied that the agreement provided for appropriate mechanisms for resolving disputes and grievances. The Commission concluded that the agreement was in the best interests of the employees and that it met the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established