Sita Holdings Pty Ltd

[2021] FWCA 651

[2021] FWCA 651

FAIR WORK COMMISSION

DECISION

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

Sita Holdings Pty Ltd
(AG2020/4049)

SITA HOLDINGS PTY LTD (SCHOOL BUS EMPLOYEES) ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
COMMISSIONER BOOTH	BRISBANE, 11 FEBRUARY 2021

Application for approval of the SITA Holdings Pty Ltd (School Bus Employees) Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Sita Holdings Pty Ltd (the Applicant) for approval of SITA Holdings Pty Ltd (School Bus Employees) Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr John Berger, Branch Secretary of the Victoria/Tasmanian Branch of the Transport Workers’ Union (TWU), filed a Form F18 in this matter, providing notice under s.183 of the Act that the TWU wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 20 January 2021, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 22 January 2021. The TWU and employee bargaining representatives were provided with copies of the response and proposed undertakings.

[4] The matter was listed for eHearing on 10 February 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] Subject to the matters raised at paragraphs [2]-[5], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] In accordance with s.201(2), I note that the Agreement covers the TWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 5.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 April 2024.

COMMISSIONER

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<AE510350  PR726794>

Attachment A.