REMONDIS Australia Pty Ltd T/A REMONDIS Australia Summary

[2013] FWCA 4194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd T/A REMONDIS Australia
(AG2013/6955)

REMONDIS AUSTRALIA PTY LTD, ACT MATERIALS RECOVERY FACILITY, ENTERPRISE AGREEMENT 2012 - 2015

Waste management industry
COMMISSIONER DEEGAN	HOBART, 27 JUNE 2013

Application for approval of the REMONDIS Australia Pty Ltd, ACT Materials Recovery Facility, Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, ACT Materials Recovery Facility, Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by REMONDIS Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2013. The nominal expiry date of the Agreement is 1 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Remondis Australia Pty Ltd, trading as Remondis Australia, applied for approval of a new enterprise agreement. This was to govern the employment conditions of its employees working at the ACT Materials Recovery Facility. The applicant sought to replace an existing enterprise agreement that was due to expire. The dispute centred on whether the proposed terms of the new agreement were fair and reasonable in all respects, as required by the Fair Work Act 2009. The Commission was required to consider various aspects, including the balance of the agreement, the adequacy of employee consultation, and the overall fairness of the proposed terms.

The primary legal issue before the Commission was to determine whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated, provided for a fair and reasonable balance of employees' interests, and was not adversely affecting the employees. The Commission also needed to consider whether the applicant had adequately consulted with the employees and if the agreement provided appropriate protections and benefits.

The Commission found that the proposed agreement was genuinely negotiated and contained provisions that were fair and reasonable in all respects. The Commission acknowledged the applicant's efforts to consult with the employees and the overall balance of the agreement. The Commission approved the new enterprise agreement, noting that it provided a fair and reasonable outcome for the employees. The applicant's application for approval of the proposed agreement was thus successful.

The Commission approved the REMONDIS Australia Pty Ltd, ACT Materials Recovery Facility, Enterprise Agreement 2012 - 2015. This decision was made on the basis that the agreement was genuinely negotiated, provided a fair and reasonable balance of employees' interests, and was not adversely affecting the employees. The applicant's efforts to consult with the employees were also considered adequate. The Commission's approval of the agreement ensures that the new terms will govern the employment conditions of the employees at the facility for the specified period.

REMONDIS Australia Pty Ltd T/A REMONDIS Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established