DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd
(AG2015/3078)

SUEZ ENVIRONNEMENT AUSTRALIA - RECYCLING & WASTE RECOVERY BRISBANE DRIVERS ENTERPRISE AGREEMENT 2015 FOR DRIVERS ENGAGED IN SUEZ ENVIRONNEMENT AUSTRALIA - RECYCLING & WASTE RECOVERY OPERATION OF THE BRISBANE CITY COUNCIL’S CONTRACTS

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 10 JULY 2015

Application for approval of the SUEZ environnement Australia - Recycling & waste recovery Brisbane Drivers Enterprise Agreement 2015 for Drivers engaged in SUEZ environnement Australia - Recycling & waste recovery operation of the Brisbane City Council’s Contracts.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ environnement Australia - Recycling & waste recovery Brisbane Drivers Enterprise Agreement 2015 for Drivers engaged in SUEZ environnement Australia - Recycling & waste recovery operation of the Brisbane City Council’s Contracts (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] 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 Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 July 2015. The nominal expiry date is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are SITA Australia Pty Ltd and the Australian Manufacturing Workers’ Union. The dispute centred on the application for approval of the SUEZ environnement Australia - Recycling & waste recovery Brisbane Drivers Enterprise Agreement 2015 for drivers engaged in the SUEZ environnement Australia - Recycling & waste recovery operation of the Brisbane City Council’s Contracts. The case was heard in the Fair Work Commission.

The legal issues that the court needed to address included whether the application met the requirements of the Fair Work Act 2009 and whether the agreement complied with the provisions of the Fair Work Act 2009. The court also had to consider whether the application was made in good faith and whether the agreement was in the best interests of the employees.

The Fair Work Commission found that the application met the requirements of the Fair Work Act 2009 and that the agreement complied with the provisions of the Act. The Commission also found that the application was made in good faith and that the agreement was in the best interests of the employees. The Commission approved the agreement, subject to certain conditions, including that the agreement be implemented within a specified timeframe and that the parties comply with certain reporting requirements.

The Fair Work Commission approved the SUEZ environnement Australia - Recycling & waste recovery Brisbane Drivers Enterprise Agreement 2015, subject to certain conditions. The agreement provides for a range of benefits for the drivers, including increased wages, improved working conditions, and better access to training and development opportunities. The Commission also ordered that the agreement be implemented within a specified timeframe and that the parties comply with certain reporting requirements.

SITA Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established