DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd T/A REMONDIS Australia
(AG2020/34)

REMONDIS AUSTRALIA PTY LTD, HUNTER WESTERN REGION MAINTENANCE ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2020

Application for approval of the REMONDIS Australia Pty Ltd, Hunter Western Region Maintenance Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Hunter Western Region Maintenance Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by REMONDIS Australia Pty Ltd T/A REMONDIS Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, REMONDIS Australia Pty Ltd trading as REMONDIS Australia, sought approval of the REMONDIS Australia Pty Ltd, Hunter Western Region Maintenance Enterprise Agreement 2019 - 2023. The application was made by the employer under section 230 of the Fair Work Act 2009. The applicant sought to have the agreement registered as a single interest employer agreement, applicable to employees within its Hunter Western region.

The primary issue before the Commission was whether the agreement was a "single interest employer agreement" as defined in section 230(1) of the Fair Work Act 2009. The Commission needed to consider whether the agreement covered employees in respect of whom the applicant exercised employer powers in a single enterprise interest, and if it contained the minimum terms and conditions of employment as required by the Act. Further, the Commission had to ensure that the agreement did not unfairly discriminate against employees and complied with the Good Faith Bargaining provisions.

The Commission found that the agreement met the definition of a "single interest employer agreement". It was concluded that the agreement was applicable to employees within the Hunter Western region of the applicant and contained the required minimum terms and conditions of employment. The Commission also determined that the agreement did not unfairly discriminate against employees and complied with the Good Faith Bargaining provisions. After considering all the evidence and submissions, the Commission approved the agreement as a single interest employer agreement.

The Fair Work Commission approved the REMONDIS Australia Pty Ltd, Hunter Western Region Maintenance Enterprise Agreement 2019 - 2023 as a single interest employer agreement, effective from 1 July 2019 for a period of four years until 30 June 2023.

REMONDIS Australia Pty Ltd T/A REMONDIS Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established