DECISION

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

SITA Australia Pty Ltd T/A SITA Australia
(AG2015/1199)

SITA AUSTRALIA NAWMA AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 29 MAY 2015

Application for approval of the SITA Australia NAWMA Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SITA Australia NAWMA 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 trading as SITA Australia. 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 - South Australia/Northern Territory Branch 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 5 June 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved SITA Australia Pty Ltd, trading as SITA Australia, which sought approval for the SITA Australia NAWMA Agreement 2014. The application was heard in the Fair Work Commission, an Australian federal workplace relations tribunal. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair terms and conditions of employment, including minimum rates of pay, overtime, penalty rates, shift loadings, and allowances.

The central legal issues revolved around the compliance of the SITA Australia NAWMA Agreement 2014 with the statutory provisions under the Fair Work Act. The Commission had to assess whether the agreement provided for fair and reasonable terms, taking into account the principles of contemporary awards and any other relevant considerations. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any party, including the employees' representatives. The court was required to scrutinise the provisions of the agreement to ensure they aligned with the objectives of the Fair Work Act, which aims to provide a safety net of minimum entitlements, protect the right to organise and bargain collectively, and promote high levels of job security.

The Fair Work Commission found that the SITA Australia NAWMA Agreement 2014 complied with the statutory requirements for approval. The Commission noted that the agreement contained provisions for minimum rates of pay, overtime, penalty rates, shift loadings, and allowances that were consistent with the applicable awards and enterprise agreements. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement, finding it met the necessary criteria under the Fair Work Act. The decision was based on the absence of any objections and the agreement's alignment with the relevant awards and enterprise agreements.

No further orders were made by the Commission beyond the approval of the SITA Australia NAWMA Agreement 2014. The agreement was accepted as meeting the legal standards for approval, and the Commission's decision was final and binding. The approval signified that the terms and conditions set out in the agreement would apply to the employees covered by the agreement, providing a framework for their employment conditions moving forward.

SITA Australia Pty Ltd T/A SITA Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established