REMONDIS Australia Pty Ltd Summary

[2013] FWCA 9569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2013/11606)

REMONDIS AUSTRALIA PTY LTD, ACT MITCHELL, ENTERPRISE AGREEMENT 2013-2016

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 5 DECEMBER 2013

Application for approval of the REMONDIS Australia Pty Ltd, ACT Mitchell, Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, ACT Mitchell, 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] 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 12 December 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the recent application to the Fair Work Commission, REMONDIS Australia Pty Ltd sought approval for the REMONDIS Australia Pty Ltd, ACT Mitchell, Enterprise Agreement 2013-2016. The dispute centred around the terms and conditions of employment for employees within the ACT Mitchell branch of the company. The applicant argued that the proposed agreement, which contained various employment terms, was fair and reasonable. The opposition, represented by the employees, contested certain provisions, particularly those related to wages, hours of work, and other conditions of employment.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and if it met the criteria for being deemed a safety net compliant enterprise agreement. The Commission had to consider the fairness of the terms, the process by which the agreement was made, and whether it provided for minimum entitlements as outlined by the Fair Work Act. Additionally, the Commission needed to assess if the agreement complied with the safety net provisions, ensuring that it did not undermine the minimum rights and protections afforded to employees under the national workplace relations system.

The Commission found that the proposed enterprise agreement was fair and reasonable. The terms and conditions were considered balanced and equitable, taking into account the specific needs and circumstances of the employees. The process by which the agreement was negotiated was deemed to be fair and transparent, with adequate representation and consultation with the employees. Furthermore, the Commission concluded that the agreement met the safety net requirements and did not undermine the minimum entitlements of the employees. Consequently, the Commission approved the agreement, recognising its fairness and compliance with the relevant legislative framework.

The final orders included the approval of the REMONDIS Australia Pty Ltd, ACT Mitchell, Enterprise Agreement 2013-2016, which would now govern the employment terms and conditions for the relevant employees. This decision ensures that the employees will be covered by an enterprise agreement that provides for fair and reasonable terms, while also maintaining compliance with the safety net protections under the Fair Work Act.

REMONDIS Australia Pty Ltd

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