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

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

The applicant, Sita Holdings Pty Ltd, applied for approval of the SITA Holdings Pty Ltd (School Bus Employees) Enterprise Agreement 2020. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The respondent, the Australian Education Union, opposed the application, arguing that the agreement did not comply with certain provisions of the Act.

The legal issues before the Commission were whether the agreement was a "bare bones" agreement, as defined in section 232(1) of the Act, and whether it met the requirements of section 235 of the Act. The Commission found that the agreement was not a bare bones agreement, as it contained provisions that went beyond the minimum requirements set out in the Act. The Commission also found that the agreement met the requirements of section 235 of the Act, as it had been made in good faith and without coercion.

The Commission considered the arguments of the respondent that the agreement did not provide adequate protection for employees and that it was not in the best interests of the employees. The Commission rejected these arguments, finding that the agreement provided appropriate protections for employees and that it was in their best interests. The Commission also found that the agreement was not contrary to the public interest.

The Fair Work Commission approved the SITA Holdings Pty Ltd (School Bus Employees) Enterprise Agreement 2020. The Commission found that the agreement was not a bare bones agreement and that it met the requirements of the Fair Work Act 2009. The agreement was approved subject to certain conditions, including the requirement that Sita Holdings Pty Ltd provide written confirmation to the Commission that it will comply with the agreement.

Sita Holdings Pty Ltd

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established