SITA Australia Pty Ltd
[2014] FWCA 7613
•4 NOVEMBER 2014
| [2014] FWCA 7613 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
SITA Australia Pty Ltd
(AG2014/7937)
BRISBANE DRIVERS ENTERPRISE AGREEMENT 2011 - FOR DRIVERS ENGAGED IN SITA'S OPERATION OF THE BRISBANE CITY COUNCIL'S CONTRACTS
Waste management industry | |
COMMISSIONER CARGILL | SYDNEY, 4 NOVEMBER 2014 |
Application for variation of the Brisbane Drivers Enterprise Agreement 2011 - for Drivers engaged in SITA's operation of the Brisbane City Council's Contracts.
[1] An application has been made for approval of variations to an agreement known as the Brisbane Drivers Enterprise Agreement 2011 - for Drivers engaged in SITA's operation of the Brisbane City Council's Contracts (the Agreement). The application was made pursuant to section 210 of the Fair Work Act 2009 (the Act)and was made by SITA Australia Pty Ltd. The application is supported by the Transport Workers’ Union of Australia an organisation which is covered by the Agreement.
[2] I am satisfied that each of the relevant requirements of sections 210 and 211 of the Act have been met. I approve the variations which are as follows:
[3] By deleting from the title page of the Agreement the year “2011” and inserting the year”2014”.
[4] By deleting the date “30 June 2014” appearing twice in clause 4 and inserting “30 June 2015”.
[5] By inserting a new column at the end of the chart in clause 6.1 as follows:
1 July 2014 |
$29.01 |
$24.98 |
$1.12 |
$0.56 |
$1.12 |
[6] By renumbering sub-clause “6.1(b)” as “6.1(c)” and “6.1.(c)” as 6.1(d) respectively.
[7] By adding a new sub-clause “6.1(b)” as follows:
“6.1(b) The wage rate will be increased by 4% increase from the first full pay period to commence on or after 1 July 2014”.
[8] By inserting a new column at the end of the chart in clause 6.2 as follows:
1 July 2014 |
$36.26 |
$47.86 |
$63.82 |
$31.22 |
$41.20 |
$54.95 |
[9] By adding a new sub-clause 6.2.1 as follows:
“6.2.1 Casual conversion
The company commits to convert two casual employees to permanent positions each year of this agreement provided the positions available are regular and ongoing employment. For the purposes of this clause casual employees may refer to employees engaged through a labour hire agency.”
[10] By deleting sub-clause 6.3(b) and replacing it with the following:
“(b) (i) The local depot JCC delegates shall be afforded access to information necessary to review individual performance and team productivity targets.
(ii) In circumstances where SITA proposes to reduce an individual efficiency payment to a driver and the reduction is contested by the driver (e.g. a driver contends they were not at fault in an accident)SITA shall determine whether or not a reduction shall apply (and the extent of any reduction) only after applying the following procedure
- The proposed reduction and reasons for the reduction must be put to the driver in writing;
- The driver will have 7 days to provide a written response to the proposed reduction;
- The proposed reduction shall be reviewed and discussed by the local JCC which shall issue a recommendation to SITA;
- SITA must consider the recommendation in making its determination.
Nothing in this clause shall limit a driver’s right to commence or progress a dispute through the dispute resolution procedure of this Agreement.”
[11] By adding the following words to clause 15.2 immediately after the word “entitlements”;
“, except in the case of where an employee has more than one, but less than two years’ service, in which case they will receive four weeks’ pay”
[12] By adding a new clause 22 as follows:
“Clause 22 - Disciplinary Action:
22.1 Before any disciplinary action is taken with an employee the yard delegate shall be notified (unless the Employee does not wish for this to happen).
22.2 If the delegate, or a representative of the employee’s choice, and the employee do not agree with the requirement for disciplinary action the matter will be reviewed by the Company based on the matters raised.
(a) The delegate or a representative of the employee’s choice, and the Employee may elect to have the relevant JCC delegate North or South review the matter, in which case the depot delegate will be provided with all relevant information.
(b) Where the matter is reviewed by the depot JCC delegate a recommendation may be made to the Company as to the appropriateness or otherwise of disciplinary action.
(c) The company will consider the recommendation of the depot JCC delegate.
(d) No disciplinary action will be taken until the completion of the steps outlined in sub clauses (a) to (c).
22.3 Where disciplinary action is taken:
(a) The employee will be informed that they may have a representative of their choice present at the meeting.
(b) The details of the disciplinary action will be recorded in writing and issued to the employee.
(c) The employee will be advised the action necessary to improve performance and/or conduct.
(d) Where formal warnings are given to an employee by the Company they will remain in place for the following periods:
- First warning - 12 months
- Second warning - 18 months
- Third or final warning - 24 months
22.4 This clause does not apply to misconduct that may warrant summary dismissal.
22.5 The Company may suspend an employee, on pay, whilst an investigation into the alleged performance or conduct of the employee is undertaken.
22.6 Nothing in this clause will limit the rights of a party to this agreement to have a matter dealt with under the dispute resolution procedure set out in Appendix 3.”
[13] In accordance with section 216 of the Act the variation operates on and from 4 November 2014.
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