DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADB Safegate Australia Pty Ltd T/A Safegate Australia
(AG2019/4122)

SAFEGATE AUSTRALIA PTY LTD VICTORIA (OTHER THAN TULLAMARINE) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Safegate Australia Pty Ltd Victoria (other than Tullamarine) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Safegate Australia Pty Ltd Victoria (other than Tullamarine) Enterprise Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ADB Safegate Australia Pty Ltd T/A Safegate Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 28 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Safegate Australia Pty Ltd T/A Safegate Australia applied for approval of the Safegate Australia Pty Ltd Victoria (other than Tullamarine) Enterprise Agreement 2019. The applicant sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the fairness and validity of the proposed agreement, particularly concerning the rights and obligations of employees and the employer.

The primary legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act and was, therefore, fair and appropriate for approval. The Commission had to consider if the agreement met the "better off overall test" and whether it contained provisions that were contrary to public policy or that contravened the Act. Furthermore, the Commission assessed the agreement's compliance with the relevant awards and whether it adequately provided for the rights and obligations of employees and employers.

The Fair Work Commission concluded that the agreement was fair and appropriate for approval. The Commission found that the agreement satisfied the better off overall test, as it provided for a mix of financial and non-financial benefits that were reasonably commensurate with the changes proposed. Additionally, the Commission was satisfied that the agreement did not contravene any provisions of the Fair Work Act or public policy and that it did not contain any clauses that would unfairly disadvantage employees. The Commission also found that the agreement appropriately incorporated relevant award provisions and provided clear terms for the rights and obligations of both parties.

As a result, the Fair Work Commission approved the Safegate Australia Pty Ltd Victoria (other than Tullamarine) Enterprise Agreement 2019, deeming it to be a fair and appropriate agreement under the Fair Work Act. The decision confirmed the agreement's validity and enforceability, allowing it to be implemented as intended by the parties.

ADB Safegate Australia Pty Ltd T/A Safegate Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established