Sita Holdings Pty Ltd T/A Kastoria Bus Lines Summary

[2022] FWCA 4617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sita Holdings Pty Ltd T/A Kastoria Bus Lines

(AG2022/5317)

Sita Holdings Pty Ltd Enterprise Agreement 2022 - 2026

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 DECEMBER 2022

Application for approval of the Sita Holdings Pty Ltd Enterprise Agreement 2022 - 2026

Sita Holdings Pty Ltd T/A Kastoria Bus Lines (the Applicant) has made an application for the approval of an enterprise agreement known as the Sita Holdings Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 30 December 2022 and, in accordance with s 54, will operate from 6 January 2023. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sita Holdings Pty Ltd, trading as Kastoria Bus Lines, and the Australian Rail, Tram and Bus Industry Union. The dispute was an application for the approval of the Sita Holdings Pty Ltd Enterprise Agreement 2022-2026. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine agreement, provided for the appropriate minimum terms and conditions, and did not include any unfair content. The Commission had to determine if the agreement was fair and reasonable and whether it complied with the legislative framework governing enterprise agreements.

The Fair Work Commission found that the proposed enterprise agreement was a genuine agreement that met the statutory requirements. The Commission examined the agreement's provisions and considered the evidence provided by both parties. The Commission was satisfied that the agreement provided for the appropriate minimum terms and conditions and did not contain any unfair content. The agreement was deemed to be fair and reasonable, meeting the legislative standards. As such, the Commission approved the enterprise agreement.

Consequently, the application for the approval of the Sita Holdings Pty Ltd Enterprise Agreement 2022-2026 was successful. The Fair Work Commission approved the agreement, which would now govern the employment terms and conditions of the employees covered by the agreement for the specified period. The decision provides legal certainty for both the employer and the employees involved, ensuring that the agreement complies with the applicable industrial relations legislation.

Sita Holdings Pty Ltd T/A Kastoria Bus Lines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established