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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Remondis Australia Pty Ltd trading as Remondis Australia sought approval of the Remondis Australia Illawarra Drivers Enterprise Agreement 2019-2023. The application was made under section 234 of the Fair Work Act 2009, and the respondent, the Transport Workers Union of Australia, opposed the application. The nature of the dispute was primarily centred on whether the agreement met the requirements for approval under the Fair Work Act, specifically in relation to the procedural fairness of the agreement-making process and the fairness of the agreement's terms and conditions.

The legal issues that the Commission was required to decide included whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act and whether the agreement was fair and reasonable in all its terms. The Commission needed to examine if the employer had followed the necessary procedures to ensure that the agreement was made without any coercion or undue influence and whether the agreement provided for terms and conditions that were fair and reasonable in all respects. The Commission also had to consider whether the agreement complied with the relevant national employment standards and whether it met the requirements for a single-enterprise agreement under the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission determined that the application should be approved. The Commission found that the agreement was made in accordance with the procedural requirements of the Fair Work Act, as the employer had engaged in good faith bargaining and provided the necessary information to the union. The Commission also found that the agreement was fair and reasonable in all its terms, as it provided for appropriate terms and conditions that took into account the needs of the employees and the employer's business. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act and granted the application for approval of the Remondis Australia Illawarra Drivers Enterprise Agreement 2019-2023.

REMONDIS Australia Pty Ltd T/A REDMONDIS Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established