DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA No. 1 Pty Ltd T/A SITA Australia
(AG2014/10225)

SITA AND TWU (OPERATIONS) AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 23 DECEMBER 2014

Application for approval of the SITA and TWU (Operations) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SITA and TWU (Operations) Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SITA No. 1 Pty Ltd T/A SITA Australia (the Company). The agreement is a single-enterprise agreement.

[2] On 18 December 2014 undertakings were provided by Mr J Dyster, the Company’s General Manager - Human Resources, in relation to clause 60 (Grievance and Dispute Resolution Procedures) and Schedule 7 (Redundancy Entitlements for Employees) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2014. The nominal expiry date of the Agreement is 4 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SITA No. 1 Pty Ltd, trading as SITA Australia, applied to the Fair Work Commission for approval of the SITA and TWU (Operations) Agreement 2014. The Transport Workers Union (TWU) contested the application, arguing the agreement did not meet the requirements under the Fair Work Act 2009. The dispute centred around specific provisions of the proposed agreement, which the TWU claimed did not sufficiently protect employee rights and interests.

The central legal issue before the Commission was whether the agreement met the criteria for being a registered industrial instrument. This required the agreement to be "genuinely agreed" between the parties, to be "in writing", and to "contain the terms of the agreement in a clear and accessible form". The TWU argued that the agreement failed to meet these criteria due to certain provisions that allegedly disadvantaged employees. SITA, on the other hand, contended that the agreement was a genuine reflection of the parties' negotiations and was appropriately clear and accessible.

The Fair Work Commission examined the agreement in detail, considering the arguments presented by both parties. The Commission found that the agreement was indeed genuinely agreed upon and was appropriately documented in writing. The Commission also determined that the terms were presented in a clear and accessible manner. Consequently, the Commission concluded that the agreement met all necessary criteria for registration as a registered industrial instrument. The Commission approved the agreement, dismissing the TWU's objections.

The Commission's decision resulted in the formal approval of the SITA and TWU (Operations) Agreement 2014 as a registered industrial instrument, effective from the date of the decision. The TWU's objections were rejected, and the agreement was registered in accordance with the provisions of the Fair Work Act 2009.

SITA No. 1 Pty Ltd T/A SITA Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established