SITA Australia Pty Ltd

[2014] FWCA 7680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SITA Australia Pty Ltd
(AG2014/7768)

SITA AUSTRALIA PTY LTD BRISBANE DRIVERS ENTERPRISE AGREEMENT 2014 FOR DRIVERS ENGAGED IN THE BRISBANE & GOLD COAST COMMERCIAL AND INDUSTRIAL BUSINESS

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 30 OCTOBER 2014

Application for approval of the SITA Australia Pty Ltd Brisbane Drivers Enterprise Agreement 2014 for Drivers Engaged in the Brisbane & Gold Coast Commercial and Industrial Business.

[1] An application has been made for approval of an enterprise agreement known as the SITA Australia Pty Ltd Brisbane Drivers Enterprise Agreement 2014 for Drivers Engaged in the Brisbane & Gold Coast Commercial and Industrial Business (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 6 November 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of SITA Australia Pty Ltd, the Fair Work Commission was tasked with determining the approval of the SITA Australia Pty Ltd Brisbane Drivers Enterprise Agreement 2014. This dispute arose between SITA Australia Pty Ltd, the employer, and the Transport Workers Union of Australia, which represents the drivers. The drivers are engaged in the Brisbane and Gold Coast commercial and industrial business.

The primary legal issue before the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009. This section necessitates that the agreement provides for fair and efficient terms and conditions, and the Commission must be satisfied that the agreement was made in good faith and without coercion. The union argued that the agreement did not adequately protect the drivers' interests, particularly concerning pay rates and conditions.

The Fair Work Commission found that the agreement was made in good faith and without coercion. It considered the bargaining processes and the provisions of the agreement, ultimately concluding that the agreement provided for fair and efficient terms and conditions. The Commission noted the evidence presented by both parties and the overall fairness of the agreement. Consequently, the Commission approved the enterprise agreement as compliant with the statutory requirements. The union's objections were dismissed, and the agreement was approved as presented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established