DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cynergex Group Pty Ltd T/A Cynergex Group
(AG2016/7368)

CYNERGEX GROUP ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Cynergex Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cynergex Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cynergex Group Pty Ltd T/A Cynergex Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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.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.

[5] 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.

[6] The Agreement was approved on 2 February 2017 and, in accordance with s.54, will operate from 9 February 2017. The nominal expiry date of the Agreement is 2 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Cynergex Group Pty Ltd, trading as Cynergex Group, which applied for the approval of the Cynergex Group Enterprise Agreement 2016. The application was made under the Fair Work Act 2009. The primary dispute centred around the conditions of employment outlined in the agreement, specifically focusing on whether the terms and conditions proposed in the agreement met the requirements for being registered by the Fair Work Commission.

The court was tasked with determining whether the agreement contained provisions that were not in the best interests of the employees or contravened the Act. Additionally, the court had to consider if the agreement had been made in accordance with the Fair Work Act's requirements, including whether it met the criteria for being a single, indivisible agreement and whether the necessary consultation processes were followed.

In delivering its decision, the court examined the content of the agreement and the processes leading up to its creation. The court concluded that the agreement was made in good faith and met all the statutory requirements. It found that the terms and conditions proposed were fair and balanced, and did not disadvantage the employees. The court also noted that the consultation processes were adequately conducted, and the agreement was comprehensive and indivisible. Consequently, the court approved the agreement and ordered its registration.

The final order of the court was that the Cynergex Group Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. This decision confirmed the validity of the agreement and allowed it to be implemented as a legally binding contract between the employer and the employees.

Cynergex Group Pty Ltd T/A Cynergex Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established