DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SITA-Resourceco Alternative Fuels Pty Ltd
(AG2015/3428)

SITA-RESOURCECO PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 26 AUGUST 2015

Application for approval of the SITA-Resourceco Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SITA-Resourceco Employee Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SITA-Resourceco Alternative Fuels Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved SITA-Resourceco Alternative Fuels Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred on the application for the approval of the SITA-Resourceco Employee Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act, particularly whether it was made in good faith and if it included appropriate minimum terms and conditions. The dispute also involved whether the agreement was certified as "no disadvantage" and whether it was made without coercion, which are critical factors for the approval of an enterprise agreement.

The Fair Work Commission found that the SITA-Resourceco Employee Enterprise Agreement 2015 was made in good faith and without coercion. The agreement was also certified as "no disadvantage" and included the appropriate minimum terms and conditions as required by the Fair Work Act. The Commission concluded that the agreement met all the necessary criteria for approval, including the procedural fairness in its creation. The decision was made in favour of SITA-Resourceco, granting approval for the enterprise agreement.

The Commission's approval of the SITA-Resourceco Employee Enterprise Agreement 2015 was upheld, confirming that it complied with the legal standards set by the Fair Work Act. The agreement was deemed to be appropriately certified and made in accordance with the required procedures, ensuring its validity and enforceability.

SITA-Resourceco Alternative Fuels Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established