DECISION

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

AllightSykes Pty Ltd
(AG2019/2651)

ALLIGHTSYKES PTY LTD CARDIFF SITE ENTERPRISE AGREEMENT 2019 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 29 AUGUST 2019

Application for approval of the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2019 - 2021.

[1] An application has been filed by AllightSykes Pty Ltd(the applicant) for the approval of an enterprise agreement known as the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided a number of undertakings. The undertaking regarding Sick/Carer’s Leave and the application of the National Employment Standards (NES) is the only undertaking required by the Commission.

[3] The undertaking relating to Sick/Carer’s Leave is attached at the end of the Agreement at undertaking (4). I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that undertaking (4) of the undertakings provided by the applicant is taken to be a term of the Agreement.

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

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model consultation term is attached at the end of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term is attached at the end of the Agreement.

[7] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation. The AMWU have not expressed a view in relation to the undertaking provided by the applicant.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved AllightSykes Pty Ltd, a company, which sought approval of an enterprise agreement concerning its employees. The application was brought before the Fair Work Commission, which had the authority to approve such agreements under Australian labour law. The dispute arose from the negotiation and subsequent application for approval of the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2019 - 2021. This agreement outlined the terms and conditions of employment for the company's employees, and both the company and the relevant employee representatives were parties to the proceedings.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, if it met the "better off overall test", and if it adhered to the provisions concerning minimum entitlements and prohibited content. Furthermore, the court examined if the agreement contained any content that was not permissible under the Act. These legal questions were crucial in deciding whether the enterprise agreement should be approved, as the Act stipulates that an agreement must meet certain criteria to be enforceable.

In delivering its decision, the Fair Work Commission found that the enterprise agreement met all the statutory requirements. The Commission determined that the agreement had been genuinely negotiated between the parties, and that it satisfied the better off overall test. The Commission also concluded that the agreement did not contain any prohibited content and that it provided employees with entitlements not less favourable than those provided by the applicable awards or registered agreements. Consequently, the Commission approved the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2019 - 2021, as it was compliant with the Fair Work Act 2009. The decision was made in the interest of ensuring fair and effective workplace relations between the company and its employees.

AllightSykes 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