DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA Australia Pty Ltd T/A SUEZ Environnement Recycling & Waste Recovery
(AG2015/4347)

SUEZ ENVIRONNEMENT MELBOURNE WORKSHOP AND CONTAINER SHOP COLLECTIVE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 7 SEPTEMBER 2015

Application for approval of the SUEZ Environnement Melbourne Workshop and Container Shop Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Environnement Melbourne Workshop and Container Shop Collective Agreement 2015 (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 SUEZ Environnement Recycling & Waste Recovery (the Company). The Agreement is a single-enterprise agreement.

[2] On 3 September 2015 an undertaking was provided by Mr J Dyster, Human Resources Director of the Company, in relation to clause 13.1 (Redundancy Pay) 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SITA Australia Pty Ltd, trading as SUEZ Environnement Recycling & Waste Recovery, sought approval of the SUEZ Environnement Melbourne Workshop and Container Shop Collective Agreement 2015 from the Fair Work Commission. The application was brought under the Fair Work Act 2009, and the dispute centred on the validity and registrability of the proposed agreement, which was intended to regulate the employment terms and conditions of certain employees. The court was tasked with determining whether the agreement met the legal requirements for approval and registration.

The legal issues before the court included whether the agreement was genuinely a collective agreement, whether it complied with the provisions of the Fair Work Act, and whether it was in the best interests of the employees it purported to cover. The court had to assess the bargaining process, the scope of the agreement, and its fairness to the employees involved. Additionally, the court examined whether the agreement contained all the mandated terms and conditions, and if it provided for a fair and efficient dispute resolution process.

The Fair Work Commission found that the agreement was genuinely a collective agreement as it was the product of genuine and meaningful negotiations between the employer and the employees' representatives. The court determined that the agreement satisfied the requirements of the Fair Work Act, including the mandated terms and conditions, and was in the best interests of the employees. The agreement was deemed fair and balanced, providing for an efficient dispute resolution process. Consequently, the court approved the application and registered the SUEZ Environnement Melbourne Workshop and Container Shop Collective Agreement 2015.

The final orders included the approval and registration of the collective agreement, which would now govern the employment terms and conditions of the relevant employees. The decision underscored the importance of genuine collective bargaining and the need for agreements to meet the statutory requirements for registration.

SITA Australia Pty Ltd T/A SUEZ Environnement Recycling & Waste Recovery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established