REMONDIS Australia Pty Ltd

[2014] FWCA 647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2014/3389)

REMONDIS AUSTRALIA PTY LTD, DOMESTIC AND COMMERCIAL WASTE MANAGEMENT DIVISION, PICTON REGION, ENTERPRISE AGREEMENT 2013-2016

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 28 JANUARY 2014

Application for approval of the REMONDIS Australia Pty Ltd, Domestic and Commercial Waste Management Division, PICTON Region, Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Domestic and Commercial Waste Management Division, PICTON Region, Enterprise Agreement 2013 - 2016 (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 was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[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 4 February 2014. The nominal expiry date will be 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved REMONDIS Australia Pty Ltd, a company operating in the waste management sector, and its employees within the Domestic and Commercial Waste Management Division, PICTON Region. The dispute centred on the application for approval of the Enterprise Agreement 2013-2016. The employees, represented by a union, sought to negotiate the terms of their employment, while the company aimed to finalise an agreement that would govern the terms and conditions of employment during the specified period.

The primary legal issues the Fair Work Commission needed to resolve included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement contained the necessary minimum terms and conditions, and if it was free from prohibited content. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and if it was in the best interests of the employees. The Commission also had to determine if the agreement provided a safety net for employees that was not less favourable than the applicable awards or registered agreements.

The Fair Work Commission found that the proposed enterprise agreement satisfied all the statutory requirements for approval. The agreement contained the mandated minimum terms and conditions, and it did not include any prohibited content. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and was in the best interests of the employees. Furthermore, the agreement provided a safety net that was not less favourable than the relevant awards or registered agreements. Therefore, the Commission approved the REMONDIS Australia Pty Ltd, Domestic and Commercial Waste Management Division, PICTON Region, Enterprise Agreement 2013-2016, with the approval being effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established