SITA Australia Pty Ltd

[2014] FWCA 6574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd
(AG2014/7382)

SITA AUSTRALIA PERTH AND BUSSELTON COLLECTIONS AND WORKSHOP AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 19 SEPTEMBER 2014

Application for approval of the SITA Australia Perth and Busselton Collections and Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SITA Australia Perth and Busselton Collections and Workshop 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 26 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SITA Australia Pty Ltd applied to the Fair Work Commission for approval of the SITA Australia Perth and Busselton Collections and Workshop Agreement 2014. The applicants were seeking to have the agreement approved as a safety net improvement agreement under section 224 of the Fair Work Act 2009. The respondents to the application were various unions, including the Transport Workers Union of Australia and the Electrical Trades Union of Australia, who opposed the application on the grounds that the agreement did not meet the safety net requirements.

The key issue before the Commission was whether the proposed agreement provided for terms and conditions that were no less favourable than the safety net provided by the relevant modern awards. The Commission needed to determine whether the agreement satisfied the statutory criteria for approval, including whether it provided for a minimum rate of pay, leave entitlements, and other conditions that were at least equal to the safety net provisions. The unions argued that the agreement did not meet these requirements in several respects, including the proposed pay rates and the provisions for shift loadings and allowances.

After reviewing the evidence and arguments presented by both parties, the Commission found that the proposed agreement did not meet the statutory criteria for approval. The Commission identified several areas where the agreement fell short of the safety net provisions, including the proposed pay rates for certain classifications of employees and the provisions for shift loadings and allowances. The Commission concluded that the proposed agreement did not provide for terms and conditions that were no less favourable than the safety net and, therefore, could not be approved under section 224 of the Fair Work Act. The application was dismissed.

The Fair Work Commission dismissed the application for approval of the SITA Australia Perth and Busselton Collections and Workshop Agreement 2014, finding that it did not meet the safety net requirements under section 224 of the Fair Work Act. The Commission identified several areas where the agreement fell short of the safety net provisions, including the proposed pay rates and the provisions for shift loadings and allowances. The applicant will need to revise the agreement to ensure that it meets the safety net requirements before seeking approval from the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established