REMONDIS Australia Pty Ltd T/A Remondis Australia

[2019] FWCA 6108

[2019] FWCA 6108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

REMONDIS Australia Pty Ltd T/A Remondis Australia
(AG2019/2612)

REMONDIS AUSTRALIA SOUTH EAST QUEENSLAND LANDFILL, TRANSFER STATIONS ENTERPRISE AGREEMENT 2019-2023

Waste management industry
DEPUTY PRESIDENT BULL	SYDNEY, 3 SEPTEMBER 2019

Application for approval of the REMONDIS Australia South East Queensland Landfill, Transfer Stations Enterprise Agreement 2019-2023.

[1] An application has been filed by REMONDIS Australia Pty Ltd T/A Remondis Australia(the applicant) for the approval of an enterprise agreement known as the REMONDIS Australia South East Queensland Landfill, Transfer Stations Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided a number of undertakings, including replacement clauses, regarding the following:

•  Accrual of Annual Leave and the application of the National Employment Standards (NES);

•  Personal Leave and method of notification regarding absences;

•  Entitlement of additional two days of unpaid Carer’s Leave for each year of service when employees have exhausted the option of taking paid Personal/Carer’s Leave;

•  The relationship of the Agreement with other industrial instruments and the Act;

•  Definition of a part-time employee; and

•  Minimum engagement periods and overtime rates for part-time employees.

[3] The undertakings are attached at the end of the Agreement. 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 change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement. The views of the bargaining representatives for the Agreement were sought in respect of the undertakings provided by the applicant pursuant to s.190(4) of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

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