Allightsykes Pty Ltd

[2021] FWCA 6035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allightsykes Pty Ltd
(AG2021/7309)

ALLIGHTSYKES PTY LTD CARDIFF SITE ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 SEPTEMBER 2021

Application for approval of the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement to be known as the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Allightsykes Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 27 September 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allightsykes Pty Ltd sought approval for its enterprise agreement, which was submitted for consideration by the Fair Work Commission (FWC). The application was made under the Fair Work Act 2009, which provides for the registration of enterprise agreements that offer terms and conditions to employees that are better than or at least no worse than those provided by the relevant industrial instrument. The company argued that the proposed agreement would offer a fair and efficient employment framework for its employees.

The primary legal issue before the FWC was whether the agreement met the requirements set out in the Fair Work Act, particularly whether it provided for terms and conditions that were at least no worse than those in the applicable industrial instrument. The FWC examined the proposed terms and conditions of employment, including remuneration, working hours, leave entitlements, and other workplace rights. The company needed to demonstrate that the agreement did not unfairly disadvantage employees and was made in good faith, with genuine negotiations between the employer and the employees or their representatives.

The FWC found that the agreement contained provisions that were no worse than the applicable industrial instrument. The proposed terms and conditions were deemed to be fair and reasonable, taking into account the specific needs and circumstances of the employees. The FWC also considered the process by which the agreement was negotiated, concluding that it had been made in good faith. The commission was satisfied that the agreement would provide for a fair and efficient employment framework, and it approved the application for registration.

The FWC ordered that the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2021-2024 be approved and registered under the Fair Work Act. The agreement was to be registered on the Register of Approved Enterprise Agreements, effective from the date of the FWC's decision. This ruling ensured that the employees would benefit from the agreed terms and conditions, which were considered to be fair and reasonable, and in line with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established