DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Remondis Australia Pty Ltd T/A Remondis
(AG2021/6168)

REMONDIS HUNTER AREA COMMERCIAL AGREEMENT 2020-2023

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 AUGUST 2021

Application for variation of the Remondis Hunter Area Commercial Agreement 2020 - 2023.

[1] An application has been made for approval of a variation to the Remondis Hunter Area Commercial Agreement 2020 - 2023 (the Agreement). The application was made by Remondis Australia Pty Ltd T/A Remondis pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application is limited to seeking to vary the nominal expiry date of the Agreement from 22 April 2024 to 30 June 2023. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 5 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Remondis Australia Pty Ltd trading as Remondis, applied to the Fair Work Commission (FWC) for a variation of the Remondis Hunter Area Commercial Agreement 2020-2023. The applicant sought to reduce the annual pay rate for certain employees. The respondent, the Electrical Trades Union of Australia Hunter Area, opposed the application on behalf of the affected employees. The FWC was tasked with determining whether the application met the criteria for a variation under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the application satisfied the criteria for a variation of an enterprise agreement under section 236 of the Fair Work Act. This required consideration of whether the applicant had satisfied the conditions that a genuine dispute existed between the parties, and that the proposed variation would lead to more efficient, productive and profitable workplace relations. The FWC also needed to assess whether the proposed variation was procedurally fair and just, in light of the potential impact on the employees' wages and conditions.

The FWC found that the application did not satisfy the criteria for a variation. The applicant had not demonstrated that a genuine dispute existed between the parties, as the proposed variation was a unilateral decision by the applicant. Furthermore, the FWC considered that the proposed variation would not lead to more efficient, productive and profitable workplace relations, as the applicant had not provided sufficient evidence to support this claim. The FWC also found that the proposed variation was not procedurally fair and just, as it would result in a significant reduction in the employees' annual pay rate without any corresponding benefits. Consequently, the FWC dismissed the application.

The FWC did not make any orders, as the application was dismissed. The Remondis Hunter Area Commercial Agreement 2020-2023 remains in effect, and the employees' wages and conditions are not affected by the dismissed application.

Remondis Australia Pty Ltd T/A Remondis

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established