SITA Australia Pty Ltd Summary

[2014] FWCA 6284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd
(AG2014/7163)

SITA AUSTRALIA GEELONG ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 10 SEPTEMBER 2014

Application for approval of the SITA Australia Geelong Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SITA Australia Geelong 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 Company). The agreement is a single-enterprise agreement.

[2] On 2 September 2014 an undertaking was provided by Mr J Dyster, the Company’s General Manager Human Resources, in relation to clause 22 (Settlement of Disputes Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, SITA Australia Pty Ltd, sought approval of the SITA Australia Geelong Enterprise Agreement 2014 from the Fair Work Commission (FWC). This enterprise agreement was aimed at regulating the terms and conditions of employment for a specific group of employees within SITA Australia. The nature of the dispute was the need to ensure that the agreement was fair and balanced for all parties involved, and that it complied with the Fair Work Act 2009. The case was heard by the FWC, which has jurisdiction over such matters.

The primary legal issue before the FWC was whether the terms of the SITA Australia Geelong Enterprise Agreement 2014 were procedurally and substantively fair. The applicant needed to demonstrate that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment. The FWC had to consider whether the agreement met the criteria for approval under the Fair Work Act, including ensuring that the agreement did not undermine the minimum standards provided by the Act.

The FWC examined the negotiation process and the contents of the agreement. It found that the agreement had been negotiated in good faith and that it contained terms and conditions that were fair and reasonable. The FWC was satisfied that the agreement did not undermine the minimum standards provided by the Fair Work Act and that it provided for appropriate protections for employees. The FWC approved the SITA Australia Geelong Enterprise Agreement 2014, highlighting the importance of good faith negotiations and fair terms in enterprise agreements.

The FWC's decision was that the SITA Australia Geelong Enterprise Agreement 2014 should be approved as it met the necessary criteria under the Fair Work Act. The applicant was directed to take all necessary steps to bring the agreement into effect and to ensure compliance with its terms. This decision provides a clear example of how the FWC assesses enterprise agreements, emphasizing the importance of good faith negotiations and fair terms for all parties involved.

SITA Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established