| [2019] FWCA 885 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Employment Advocacy Solutions Pty Ltd
(AG2018/1911)
SIKA AUSTRALIA PTY LTD PRODUCTION AND WAREHOUSE SINGLE ENTERPRISE AGREEMENT 2018
Storage services | |
COMMISSIONER LEE | MELBOURNE, 12 FEBRUARY 2019 |
Application for approval of the Sika Australia Pty Ltd Production and Warehouse Single Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Sika Australia Pty Ltd Production and Warehouse Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Employment Advocacy Solutions 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.
[4] The National Union of Workers 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 20 February 2023.
COMMISSIONER
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Annexure A
- AGLC
- Employment Advocacy Solutions Pty Ltd [2019] FWCA 885
- Case
- [2019] FWCA 885
- Decision Date
CaseChat Overview and Summary
The Commission found that the agreement was made in good faith and that it provided for a fair and reasonable method of determining the terms and conditions of employment. The Commission also found that the agreement complied with the Fair Work (Transition to Terminate) Regulations 2009. The Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights. The Commission approved the agreement, and it will now apply to the relevant employees.
The Fair Work Commission approved the Sika Australia Pty Ltd Production and Warehouse Single Enterprise Agreement 2018. The Commission found that the agreement was made in good faith and provided for a fair and reasonable method of determining the terms and conditions of employment. The agreement also complied with the Fair Work (Transition to Terminate) Regulations 2009. The Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights. The agreement will now apply to the relevant employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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