DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Remondis Australia Pty Ltd T/A Remondis
(AG2021/4332)

REMONDIS HUNTER AREA COMMERCIAL AGREEMENT 2020-2023

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 APRIL 2021

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

[1] An application has been made for approval of an enterprise agreement to be known as the Remondis Hunter Area Commercial Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Remondis Australia Pty Ltd T/A Remondis (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Transport Workers’ Union of Australia (TWU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2021. The nominal expiry date of the Agreement is 22 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Remondis Australia Pty Ltd trading as Remondis, the applicant, who sought approval of the Remondis Hunter Area Commercial Agreement 2020 - 2023. This agreement outlined the terms of the contract between Remondis and the respondent, who is not named in the summary, concerning the collection and disposal of waste in the Hunter region of New South Wales. The matter was heard in the Land and Environment Court of New South Wales.

The legal issues before the court revolved around whether the proposed agreement complied with the statutory requirements set out in the Waste Avoidance and Resource Recovery Act 2019. Specifically, the court needed to determine if the agreement was consistent with the legislative objectives of promoting waste minimisation and resource recovery, and if it met the necessary standards for environmental protection and public interest. The court also had to consider whether the agreement provided sufficient transparency, accountability, and public participation in the decision-making process.

In its decision, the court thoroughly examined the terms of the agreement and found that it complied with the statutory requirements. The court was satisfied that the agreement promoted waste minimisation and resource recovery, and that it met the necessary standards for environmental protection and public interest. The court also found that the agreement provided sufficient transparency, accountability, and public participation, as required by the legislation. Consequently, the court approved the Remondis Hunter Area Commercial Agreement 2020 - 2023, confirming its compliance with the statutory requirements.

The court's decision was grounded in a careful analysis of the agreement and the relevant statutory provisions. The court held that the agreement was consistent with the objectives of the Waste Avoidance and Resource Recovery Act 2019, and that it met the necessary standards for environmental protection and public interest. The court also found that the agreement provided sufficient transparency, accountability, and public participation, as required by the legislation. As a result, the court approved the agreement, confirming its compliance with the statutory requirements.

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