DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2015/1509)

REMONDIS AUSTRALIA PTY LTD, DOMESTIC AND COMMERCIAL COLLECTIONS AND OPERATIONS, ILLAWARRA REGION, ENTERPRISE AGREEMENT 2014-2018

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 20 JANUARY 2015

Application for approval of the REMONDIS Australia Pty Ltd, Domestic and Commercial Collections and Operations, Illawarra Region, Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Domestic and Commercial Collections and Operations, Illawarra Region, Enterprise Agreement 2014 - 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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2015. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Remondis Australia Pty Ltd, a company involved in waste management and recycling services, and their employees represented by the Transport Workers Union. The dispute pertained to the approval of the Domestic and Commercial Collections and Operations, Illawarra Region, Enterprise Agreement 2014 - 2018. The Fair Work Commission was the court responsible for this case.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, if it provided for a fair and reasonable set of terms and conditions, and if it was free from any unfair discrimination. Additionally, the Commission had to consider whether the agreement had been negotiated in good faith and if the employees had been adequately informed of their rights and obligations under the agreement.

The Fair Work Commission found that the enterprise agreement was in the best interests of the employees, providing them with a fair and reasonable set of terms and conditions. The Commission also determined that the agreement was free from any unfair discrimination and had been negotiated in good faith. Furthermore, the Commission was satisfied that the employees had been adequately informed of their rights and obligations under the agreement. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Domestic and Commercial Collections and Operations, Illawarra Region, Enterprise Agreement 2014 - 2018, finding it to be in the best interests of the employees and meeting all legal requirements. This decision ensures that the employees of Remondis Australia Pty Ltd in the Illawarra Region have a fair and reasonable set of terms and conditions, while also providing stability and predictability for the company in managing its workforce.

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