ADB Safegate Australia Pty Ltd T/A Safegate Australia

[2021] FWCA 6405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ADB Safegate Australia Pty Ltd T/A Safegate Australia
(AG2021/7852)

ADB SAFEGATE AUSTRALIA PTY LTD (NSW EXCLUDING BROKEN HILL, SA, TAS, ACT AND NT) ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 OCTOBER 2021

Application for approval of the ADB Safegate Australia Pty Ltd (NSW excluding Broken Hill, SA, Tas, ACT and NT) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the ADB Safegate Australia Pty Ltd (NSW excluding Broken Hill, SA, Tas, ACT and NT) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 November 2021. The nominal expiry date of the Agreement is 25 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ADB Safegate Australia Pty Ltd trading as Safegate Australia, applied for approval of the ADB Safegate Australia Pty Ltd (NSW excluding Broken Hill, SA, Tas, ACT and NT) Enterprise Agreement 2021 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, a specialist tribunal with responsibility for resolving workplace disputes under the Act. The application was opposed by the Australian Manufacturing Workers' Union, which objected to the approval of the agreement on the basis that it was not in the best interests of the employees.

The primary issue for the Fair Work Commission to determine was whether the agreement was in the best interests of the employees to whom it would apply. The Commission examined whether the agreement was reasonably capable of promoting the economic interests of employees and whether it was procedurally fair. In assessing the economic interests, the Commission considered the overall impact of the agreement on employees, including its terms and conditions of employment, and whether it offered benefits that were appropriate and fair.

The Fair Work Commission concluded that the agreement was in the best interests of the employees. The Commission found that the agreement contained terms and conditions that were reasonably capable of promoting the economic interests of the employees. It also found that the agreement was procedurally fair, having been negotiated in good faith and with proper consideration of the interests of the employees. The Commission approved the agreement, noting that it contained provisions that were beneficial to employees, including those related to pay rates, leave entitlements, and working conditions.

The Fair Work Commission approved the ADB Safegate Australia Pty Ltd (NSW excluding Broken Hill, SA, Tas, ACT and NT) Enterprise Agreement 2021. The Commission's decision was based on its finding that the agreement was in the best interests of the employees, as it contained terms and conditions that promoted their economic interests and was procedurally fair. The approval of the agreement means that it will now apply to the employees covered by it, subject to any other legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established