austlii:cth/FWCA/2026/860
General information, not legal advice.
FWCA
2026-04-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
REMONDIS AUSTRALIA SOUTH EAST QUEENSLAND LANDFILL AND TRANSFER STATIONS ENTERPRISE AGREEMENT 2025
Application for approval of the Remondis Australia South East Queensland Landfill and Transfer Stations Enterprise Agreement 2025
[1] Remondis Australia Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Remondis Australia South East Queensland Landfill and Transfer Stations Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. The Commission is satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.
[3] The Commission is not satisfied that an enterprise agreement includes a term about settling disputes that complies with the requirements of subsection 186(6). The agreement may nonetheless be approved if the Commission accepts an undertaking that meets the concern under section 190. Otherwise, the agreement could not be approved.[1]
The Employer has provided an undertaking, which the Commission accepts.
[4] Noting the undertakings provided, the Commission is satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, the Commission is satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.
[6] The Australian Workers' Union (AWU) lodged a declaration in the prescribed form[2] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, the Commission notes the Agreement covers the AWU.
[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 2 April 2029.
[1] Re Model terms for enterprise agreements and copied State instruments, [2025] FWCFB 39, [34].
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