Remondis Australia Pty Ltd T/A Remondis Australia

[2013] FWCA 6884

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
(AG2013/9179)

REMONDIS AUSTRALIA PTY LTD, WASTE MANAGEMENT, LANDFILL ENTERPRISE AGREEMENT 2013-2016

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the Remondis Australia Pty Ltd, Waste Management, Landfill Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Remondis Australia Pty Ltd, Waste Management, Landfill Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Remondis Australia Pty Ltd T/A Remondis Australia. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 25 September 2013. The nominal expiry date is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Remondis Australia Pty Ltd T/A Remondis Australia applied for approval of the Waste Management, Landfill Enterprise Agreement 2013-2016. The application was heard in the Fair Work Commission. The dispute centred around the application's compliance with the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the criteria for approval under the Act and whether it complied with the relevant provisions concerning employee representation and procedural fairness.

The legal issues before the court were whether the agreement was genuinely a product of negotiations between the parties, whether it was procedurally fair, and whether it complied with the requirements of the Fair Work Act. The court considered the evidence presented by both Remondis Australia and the union, including the negotiation process, the contents of the agreement, and the procedural fairness of the process. The court also examined whether the agreement provided adequate representation for the employees and whether it adhered to the statutory requirements for such agreements.

The Fair Work Commission found that the agreement was genuinely the product of negotiations between the parties, and it was procedurally fair. The court determined that the agreement provided adequate representation for the employees and complied with the relevant provisions of the Fair Work Act. The Commission approved the application, finding that the agreement met all necessary criteria for approval.

The Fair Work Commission approved the Waste Management, Landfill Enterprise Agreement 2013-2016. The decision was made on the basis that the agreement was the result of genuine negotiations, was procedurally fair, and complied with the Fair Work Act. This approval means that the agreement is now legally binding between Remondis Australia and the relevant union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established