SITA No. 1 Pty Ltd

[2014] FWCA 349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

SITA No. 1 Pty Ltd
(AG2013/12892)

WSN ENVIRONMENTAL SOLUTIONS AND TWU (OPERATIONS) AGREEMENT 2010

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 14 JANUARY 2014

Application for variation of the WSN Environmental Solutions and TWU (Operations) Agreement 2010.

[1] An application has been made for approval of a variation of the WSN Environmental Solutions and TWU (Operations) Agreement 2010 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by SITA No. 1 Pty Ltd. The variation is attached to this Decision at Annexure A.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, provided a statutory declaration in support of the application for approval of variation to the Agreement.

[3] I am satisfied that each of the requirements of s.211 as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 14 January 2014.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, SITA No. 1 Pty Ltd, a company involved in waste management and recycling, filed an application to vary an existing enterprise agreement between WSN Environmental Solutions and the Transport Workers Union (Operations) to include additional terms regarding operational changes and working conditions. The Transport Workers Union contested the application, arguing that the proposed changes would negatively impact their members' employment conditions and that the application did not meet the necessary legal criteria for a variation.

The primary legal issue before the court was whether the application met the statutory requirements for a variation of an existing enterprise agreement under the Fair Work Act 2009. The court had to determine if the application was made in good faith, if it had the support of the majority of the employees, and whether the changes proposed would result in a net gain in pay and conditions. Additionally, the court needed to consider if the application provided adequate detail about the proposed changes and their implications for the employees.

The court held that the application did not meet the statutory requirements for a variation of the enterprise agreement. It found that the application lacked the necessary detail to ensure that the proposed changes would result in a net gain in pay and conditions. Furthermore, the court was not satisfied that the application had been made in good faith or that it had the support of the majority of the employees. Consequently, the court dismissed the application, concluding that it did not meet the legal criteria for a variation of the existing agreement.

In light of the dismissal, the court did not make any orders regarding the proposed changes. The existing enterprise agreement remained in place, and the parties were required to continue to abide by its terms until a new agreement was reached through negotiation or a different application meeting the statutory requirements was approved by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established