REMONDIS Australia Pty Ltd Summary

[2021] FWCA 7029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd
(AG2021/8607)

REMONDIS ST MARYS ENTERPRISE AGREEMENT 2021 - 2024

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 8 DECEMBER 2021

Application for approval of the REMONDIS St Marys Enterprise Agreement 2021 - 2024

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS St Marys Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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 as are relevant to this application for approval have 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 19 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Remondis Australia Pty Ltd, the Fair Work Commission was tasked with deciding whether to approve the REMONDIS St Marys Enterprise Agreement 2021 - 2024. The agreement was submitted by the employer, Remondis Australia Pty Ltd, and the trade union, the Transport and General Workers Union NSW Branch. The dispute centred around the terms of the enterprise agreement, specifically whether the provisions complied with the Fair Work Act 2009 and the Fair Work (Transitional Provisions) Regulations 2009. The commission was required to consider whether the agreement met the statutory criteria for approval, including whether it provided for a fair and efficient workplace.

The primary legal issue the commission had to address was whether the enterprise agreement contained all the terms and conditions of employment as required by the Fair Work Act 2009. Additionally, the commission needed to ensure that the agreement did not undermine the protection of employees' rights and did not contain any provisions that were contrary to public policy. The commission also had to determine whether the agreement provided for an efficient workplace, which included assessing whether it facilitated a fair and flexible workplace.

After thorough consideration, the commission concluded that the enterprise agreement met the statutory criteria for approval. The commission found that the agreement contained all the necessary terms and conditions of employment and did not undermine the protection of employees' rights. Furthermore, the commission determined that the agreement did not contain any provisions that were contrary to public policy and that it provided for an efficient workplace. The commission was satisfied that the agreement facilitated a fair and flexible workplace, and therefore approved the REMONDIS St Marys Enterprise Agreement 2021 - 2024. The commission's decision was based on the evidence presented by both parties and the relevant legislative framework.

REMONDIS Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established