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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of REMONDIS Australia Pty Ltd trading as Remondis Australia, the applicant sought approval from the Fair Work Commission of an enterprise agreement, specifically the REMONDIS Australia South East Queensland Landfill, Transfer Stations Enterprise Agreement 2019-2023. The respondent, a union, opposed the application on the grounds that the agreement did not comply with certain legislative requirements. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections concerning the protection of employee rights and conditions. Key points of contention included the extent to which the proposed agreement complied with the statutory minimum entitlements for employees and whether it adequately provided for the protection of employees' rights in relation to dismissal and redundancy. The Commission had to consider if the agreement, as proposed, was fair and balanced, taking into account the interests of both employees and the employer.

The Commission found that the agreement contained provisions which, while generally acceptable, did not fully comply with the statutory minimum standards required by the Fair Work Act. Specifically, the Commission identified that certain provisions regarding redundancy payments and termination of employment did not align with the legislative framework. After reviewing submissions from both parties and considering relevant case law and legislative provisions, the Commission determined that the agreement was not entirely compliant with the Act. Consequently, the Commission refused to approve the agreement in its current form. However, the Commission did not dismiss the agreement outright but provided specific guidance on the necessary amendments required to meet legal standards.

Following the determination, the Commission directed the applicant to make the required amendments to the agreement to ensure compliance with the Fair Work Act. The applicant was instructed to resubmit the revised agreement for approval once the necessary changes had been implemented. The Commission's decision emphasised the importance of adhering to statutory minimum entitlements and protecting employees' rights within enterprise agreements.

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

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Legal Principle Established