DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMONDIS Australia Pty Ltd t/a REMONDIS Australia
(AG2020/1912)

REMONDIS AUSTRALIA PTY MUGGA LANE ENTERPRISE AGREEMENT 2020 - 2024

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 AUGUST 2020

Application for approval of the REMONDIS Australia Pty Mugga Lane Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the REMONDIS Australia Pty Mugga Lane Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by REMONDIS Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 17 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Waste Management Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2020. The nominal expiry date of the Agreement is 19 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by REMONDIS Australia Pty Ltd, trading as REMONDIS Australia, seeking approval of the REMONDIS Australia Pty Mugga Lane Enterprise Agreement 2020 - 2024. The enterprise agreement pertains to the employment conditions of REMONDIS Australia's workers at the Mugga Lane facility. The application was opposed by the Australian Manufacturing Workers Union, which raised concerns about various provisions of the agreement.

The key legal issues before the Commission involved whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the criteria for registration under section 232 of the Act. The Commission needed to determine whether the agreement had been made in good faith and whether it provided for the terms and conditions of employment of the relevant employees. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employees and the employer, and if it met the requirements for individual and collective agreements as outlined in the Act.

In delivering its decision, the Fair Work Commission examined the processes followed in the negotiation of the agreement and the nature of the provisions within the agreement. The Commission noted that REMONDIS Australia had demonstrated that the agreement was negotiated in good faith, and it had provided comprehensive evidence of the consultation process with the employees and the union. The Commission found that the agreement appropriately balanced the interests of the employees and the employer and met the requirements for registration. The Commission concluded that the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable.

The Fair Work Commission approved the REMONDIS Australia Pty Mugga Lane Enterprise Agreement 2020 - 2024, determining that it complied with the requirements of the Fair Work Act. The agreement was registered, effective from the date of the decision, providing a framework for the employment conditions of the relevant employees for the specified period.

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

Reasons for decision

Legal Principle Established