SITA Australia Pty Ltd Summary

[2013] FWCA 8870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd
(AG2013/9923)

SITA AUSTRALIA SYDNEY COMMERCIAL WORKSHOP ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 12 NOVEMBER 2013

Application for approval of the SITA Australia Sydney Commercial Workshop Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SITA Australia Sydney Commercial Workshop Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SITA Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2013. The nominal expiry date of the Agreement is 1 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, SITA Australia Pty Ltd, the applicant, sought approval of the SITA Australia Sydney Commercial Workshop Enterprise Agreement 2013. The respondent, the Transport Workers Union of Australia, contested the application, primarily on the grounds of the agreement's compliance with the Fair Work Act 2009, specifically the requirements under section 234. The nature of the dispute involved the procedural fairness in the negotiation process and the content of certain clauses in the proposed agreement.

The central legal issues before the Commission were whether the negotiation process adhered to the procedural fairness requirements and whether the proposed agreement was consistent with the provisions of the Fair Work Act. The respondent argued that the applicant had failed to provide the necessary information to the respondent in a timely manner, which impacted the negotiation process. Additionally, the respondent contested specific clauses within the agreement, including those related to casual employment and the handling of disciplinary matters.

The Commission assessed the negotiation process and found that while there were shortcomings, they did not amount to a failure of procedural fairness. The Commission determined that the applicant had provided sufficient information for the negotiation process, despite the respondent's claims to the contrary. Regarding the content of the agreement, the Commission concluded that certain clauses were not in compliance with the Fair Work Act. However, the Commission was satisfied that the parties had reached an agreement on their own terms, which was to be respected. As a result, the application was approved with minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the SITA Australia Sydney Commercial Workshop Enterprise Agreement 2013, subject to the modifications made to address the non-compliance issues identified. The approved agreement is to be registered and will govern the employment terms and conditions for the relevant employees.

SITA Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established