REMONDIS Australia Pty Ltd T/A REDMONDIS Australia

[2019] FWCA 3478

[2019] FWCA 3478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd T/A REDMONDIS Australia
(AG2019/1024)

REMONDIS AUSTRALIA ILLAWARRA DRIVERS ENTERPRISE AGREEMENT 2019 - 2023

Waste management industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 MAY 2019

Application for approval of the REMONDIS Australia Illawarra Drivers Enterprise Agreement 2019 - 2023.

[1] REMONDIS Australia Pty Ltd has made an application for approval of an enterprise agreement known as the REMONDIS Australia Illawarra Drivers Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Mr Mark Claridge as an employee bargaining representative for the Agreement. Mr Claridge has lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. The employer stated in an email to the Commission on 4 April 2019 that the Agreement was lodged two days late due to an internal IT issue which resulted in the lodgment email remaining in the employer’s outbox until 4 April 2019 when the error was discovered. The employer additionally provided evidence on 15 April 2019 demonstrating that the lodgment email was in the employer’s outbox from 2 April 2019.

[5] Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 20 May 2019 and, in accordance with s 54, will operate from 27 May 2019. The nominal expiry date of the Agreement is 20 May 2023.

DEPUTY PRESIDENT

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