SITA Australia Pty Ltd T/A SITA Australia

[2014] FWCA 4020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd T/A SITA Australia
(AG2014/1175)

SITA AUSTRALIA GIPPSLAND ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 23 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the SITA Australia Gippsland 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 T/A SITA Australia. 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 30 June 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, trading as SITA Australia, applied to the Fair Work Commission for the approval of the SITA Australia Gippsland Enterprise Agreement 2014. The applicant sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for modern awards and if it was in the best interests of the employees.

The court had to determine whether the agreement provided for terms and conditions that were no less favourable than the applicable modern award and whether it complied with the procedural requirements for approval. The court also had to consider if the agreement would be in the best interests of the employees and if it was made in good faith.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The agreement provided for terms and conditions that were no less favourable than the modern award and complied with the procedural requirements for approval. The court approved the agreement, recognising that it was made in good faith and would benefit the employees.

The Fair Work Commission approved the SITA Australia Gippsland Enterprise Agreement 2014, recognising it as meeting the requirements of the Fair Work Act and being in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established