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

[2016] FWCA 257

[2016] FWCA 257

FAIR WORK COMMISSION

DECISION

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

SITA Australia Pty Ltd T/A SUEZ Recycling & Recovery Australia
(AG2015/7191)

SUEZ BALLARAT ENTERPRISE AGREEMENT 2016

Waste management industry
DEPUTY PRESIDENT SAMS	SYDNEY, 19 JANUARY 2016

Application for approval of the SUEZ Ballarat Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by SITA Australia Pty Limited t/as SUEZ Recycling & Recovery Australia (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the SUEZ Ballarat Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated Mr P Nikolovski, a nominated Employee Bargaining Representative (EBR) and is to cover 9 employees who are engaged in the provision of commercial and industrial waste services based in Ballarat, Victoria. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 10 November 2015, and voting for the Agreement’s approval took place on 17 December 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 8 of the 9 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 December 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Ratcliffe identified the Waste Management Award 2010 [MA000043] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Ratcliffesaid that while the Agreement provides for a slightly less beneficial meal allowance, it provides for higher rates of pay, a number of allowances and the payout of accrued personal leave on retirement for employees with more than seven years’ service. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at Appendices 1 and 2 respectively, and a disputes resolution procedure at Appendix 3 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 11 January 2016, Mr M Ratcliffe,HR Manager appeared with Mr K Roughley, HR Coordinator, for the applicant. Mr Ratcliffe outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are between 17-19.5% higher than those under the Award and that rates of pay are to be increased by 2.5% on 1 January 2017 and 3% on 1 January 2018. Mr Nikolovski did not appear in his capacity as EBR, but had filed a Declaration in relation to the application (Form F18A) indicating that the employees he represented supported the approval of the Agreement. The Transport Workers’ Union of Australia (the ‘Union’) did not appear at the hearing, but had filed a Statutory Declaration (Form F18) supporting the approval of the Agreement and seeking to be covered by it. For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the SUEZ Ballarat Enterprise Agreement 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 18 January 2016 and have a nominal expiry date of 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE417438  PR576090>