DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd
(AG2015/300)

SITA AUSTRALIA CAMPBELLTOWN ENTERPRISE AGREEMENT, 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 10 MARCH 2015

Application for approval of the SITA Australia Campbelltown Enterprise Agreement, 2014.

[1] An application has been made for approval of an enterprise agreement known as the SITA Australia Campbelltown Enterprise Agreement, 2014 (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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SITA Australia Pty Ltd sought approval for an Enterprise Agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for certain employees. The court was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement was procedurally and substantively fair. Procedural fairness required the court to consider if the agreement was genuinely negotiated and if there was adequate consultation. Substantive fairness involved assessing if the terms of the agreement were reasonable and did not adversely affect the employees' interests. The court examined whether the agreement provided fair and reasonable terms and conditions of employment, taking into account factors such as pay rates, working conditions, and employee benefits.

The Fair Work Commission found that the agreement was procedurally fair as it was the result of genuine negotiations and sufficient consultation had taken place. It also concluded that the agreement was substantively fair, as it did not adversely affect the employees' interests and provided reasonable terms and conditions of employment. The court considered the evidence presented and found that the agreement met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the SITA Australia Campbelltown Enterprise Agreement, 2014. The approval was based on the conclusion that the agreement was procedurally and substantively fair, meeting the requirements of the Fair Work Act 2009.

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