DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AllightSykes Pty Ltd
(AG2018/4951)

ALLIGHTSYKES PTY LTD CARDIFF SITE ENTERPRISE AGREEMENT 2017-2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2018

Application for approval of the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AllightSykes Pty Ltd. 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement lodged contained an error at clause 7.7(b). On 3 October 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application by AllightSykes Pty Ltd for the approval of the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2017-2019, the Federal Circuit and Family Court of Australia was tasked with determining the validity and fairness of the proposed agreement. The applicant sought approval of the enterprise agreement, which was negotiated between the employer and the employees represented by a certified bargaining agent. The dispute centred on whether the agreement complied with the necessary statutory requirements and provided for fair terms and conditions of employment.

The court was required to consider whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements set forth in the Fair Work Act 2009. Key issues included whether the agreement met the requirements of section 231 of the Act, including the provision of genuine bargaining, and whether the agreement's terms were fair and reasonable in all respects. Additionally, the court examined whether the agreement complied with the procedural requirements, such as the provision of a copy of the agreement to all employees and the holding of a meeting to discuss the agreement.

The court found that the enterprise agreement was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The court noted that the applicant had provided evidence of the negotiation process and that the agreement contained terms that were fair and reasonable in all respects. The court also found that the procedural requirements were met, as evidenced by the applicant's provision of a copy of the agreement to all employees and the holding of a meeting to discuss the agreement. Consequently, the court approved the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2017-2019.

The court's final orders included the approval of the AllightSykes Pty Ltd Cardiff Site Enterprise Agreement 2017-2019, with the agreement to be registered by the Fair Work Commission. The court also ordered that a copy of the agreement be provided to all employees and that a meeting be held to discuss the agreement with the employees. Additionally, the court ordered that the applicant provide the Fair Work Commission with a copy of the court's decision and any subsequent orders.

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