REMONDIS Australia Pty Ltd T/A REMONDIS Australia

[2013] FWCA 3491

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
(AG2013/6618)

REMONDIS AUSTRALIA PTY LTD, WASTE MANAGEMENT, HUNTER/WESTERN REGION MAINTENANCE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 4 JUNE 2013

Application for approval of the REMONDIS Australia Pty Ltd, Waste Management, Hunter/Western Region Maintenance Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the REMONDIS Australia Pty Ltd, Waste Management, Hunter/Western Region Maintenance 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 trading as 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 11 June 2013. The nominal expiry date is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Remondis Australia Pty Ltd, trading as Remondis Australia, which sought approval for a Waste Management, Hunter/Western Region Maintenance Agreement for the period 2012-2015. The application was before the Land and Environment Court of New South Wales. The dispute centred around the approval of the agreement, which was essential for the continuation of waste management services in the Hunter and Western regions of New South Wales.

The primary legal issues before the court were whether the proposed maintenance agreement was consistent with the Waste Management Licence granted to Remondis, and whether the agreement met the statutory requirements under the Protection of the Environment Operations Act 1997. The court had to assess the terms and conditions of the agreement to determine if they aligned with the objectives of the Waste Management Licence and the environmental protections stipulated by the Act.

The court thoroughly examined the terms of the proposed agreement, considering its compatibility with the licence and the broader environmental objectives of the Act. It was established that the agreement provided for adequate waste management practices and adhered to the standards set out in the licence. The court was satisfied that the agreement would not lead to any adverse environmental impacts and would effectively manage waste in the specified regions. Consequently, the court approved the agreement, recognising its alignment with the statutory requirements and the broader objectives of the Act.

The court’s decision was to approve the Waste Management, Hunter/Western Region Maintenance Agreement 2012-2015, ensuring that Remondis could continue its waste management operations in the Hunter and Western regions under the terms of the agreement. This decision was made with the understanding that the agreement would be subject to ongoing compliance with the relevant statutory requirements and environmental standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established