REMONDIS Australia Pty Ltd

[2014] FWCA 1148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2014/3499)

REMONDIS MACKAY WASTE MANAGEMENT ENTERPRISE AGREEMENT 2013-2017

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 14 FEBRUARY 2014

Application for approval of the REMONDIS Mackay Waste Management Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Mackay Waste Management Enterprise Agreement 2013 - 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] The Agreement does contain a consultation term however, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2014. The nominal expiry date will be 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

REMONDIS Australia Pty Ltd, an employer, applied to the Fair Work Commission for approval of the REMONDIS Mackay Waste Management Enterprise Agreement 2013 - 2017. The application was made by the employer under section 231 of the Fair Work Act 2009, seeking the agreement's registration with the Fair Work Commission. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act and whether it was appropriate to approve the agreement for registration.

The primary legal issue before the Commission was whether the agreement met the necessary standards and criteria for approval as stipulated under the Fair Work Act. This included examining whether the agreement contained all the mandatory terms and conditions, whether it was made in good faith, and whether it adhered to the requirements for coverage, negotiation, and dispute resolution. The Commission also had to consider whether the agreement was likely to facilitate the improvement of workplace relations and if it provided adequate protections for employees.

In delivering the decision, the Commission meticulously reviewed the agreement clause by clause, ensuring that it incorporated all mandatory terms as required by the Fair Work Act. The Commission found that the agreement was comprehensive and included all necessary provisions, including those related to wages, hours of work, leave, and other employment conditions. The agreement also provided for a fair and efficient dispute resolution process. After careful consideration, the Commission was satisfied that the agreement was made in good faith, met all legal requirements, and was likely to facilitate improved workplace relations. Consequently, the Commission approved the agreement for registration.

The final order of the Commission was that the REMONDIS Mackay Waste Management Enterprise Agreement 2013 - 2017 be registered with the Fair Work Commission, effective from the date of the decision. This registration ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established