REMONDIS Australia Pty Ltd

[2014] FWCA 5582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2014/8571)

REMONDIS AUSTRALIA PTY LTD, MUGGA LANE WASTE MANAGEMENT DIVISION ACT REGION, ENTERPRISE AGREEMENT 2014-2017

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 AUGUST 2014

Application for approval of the REMONDIS Australia Pty Ltd, Mugga Lane Landfill Waste Management Division, ACT Region, Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Mugga Lane Landfill Waste Management Division, ACT Region, Enterprise Agreement 2014-2017(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 25 August 2014. The nominal expiry date of the Agreement is 30 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, REMONDIS Australia Pty Ltd, sought the Fair Work Commission's approval of an enterprise agreement for its Mugga Lane Landfill Waste Management Division, ACT Region. The dispute arose between the applicant and its employees, who were represented by the Transport Workers Union of Australia. The matter was heard in the Fair Work Commission, presided over by Deputy President W M Young.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness provisions. Specifically, the Commission needed to determine whether the applicant had followed the appropriate process in developing the agreement and whether the agreement contained all the mandatory terms and conditions required by law.

The Commission examined the evidence presented regarding the negotiation process and found that the applicant had followed the necessary steps to ensure procedural fairness. The Commission was satisfied that the agreement was fairly developed and that all mandatory terms were included. Consequently, the Commission approved the enterprise agreement, acknowledging that it met the statutory requirements and provided a fair framework for the employment relationship between the applicant and its employees.

The Fair Work Commission approved the REMONDIS Australia Pty Ltd, Mugga Lane Landfill Waste Management Division, ACT Region, Enterprise Agreement 2014-2017. The approval was effective from 1 July 2014 until 30 June 2017, subject to the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established