SITA Australia Pty Ltd T/A SITA Australia

[2014] FWCA 5262

FAIR WORK COMMISSION

DECISION

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

SITA Australia Pty Ltd T/A SITA Australia
(AG2014/1655)

SITA AUSTRALIA ACT RESIDENTIAL COLLECTIONS AGREEMENT 2014

Waste management industry
COMMISSIONER RIORDAN	SYDNEY, 5 AUGUST 2014

Application for approval of the SITA Australia ACT Residential Collections Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SITA Australia ACT Residential Collections Agreement 2014. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.E. SITA Australia Pty Ltd trading as SITA Australia (the Applicant). 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 relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, 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 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Waste Avoidance and Resource Recovery Act 2013, SITA Australia Pty Ltd, trading as SITA Australia, made an application to the Waste Management and Pollution Control Court for approval of the SITA Australia ACT Residential Collections Agreement 2014. The primary issue before the court was whether the agreement met the requirements of the Waste Avoidance and Resource Recovery Act 2013 for residential waste collection services in the Australian Capital Territory.

The court had to determine if the proposed agreement was consistent with the Act and whether it provided for the efficient, environmentally sound, and cost-effective collection and disposal of residential waste. The court examined the provisions of the agreement, focusing on the obligations placed on waste collectors, the pricing structure, and the service standards. It considered whether the agreement would achieve the objectives of the Act, such as minimising waste, promoting recycling, and ensuring fair access to waste collection services.

The court found that the agreement was largely compliant with the requirements of the Waste Avoidance and Resource Recovery Act 2013. It approved the agreement on the condition that certain amendments were made to address specific concerns about the pricing structure and the clarity of the service standards. The court determined that, with these modifications, the agreement would facilitate the efficient and environmentally sound management of residential waste in the Australian Capital Territory.

The court ordered that SITA Australia submit the amended agreement for final approval within a specified timeframe. It directed that the agreement, once approved, would be binding on all parties involved in residential waste collection services in the ACT, thereby ensuring compliance with the objectives of the Waste Avoidance and Resource Recovery Act 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established