Employment Advocacy Solutions Pty Ltd

Case [2019] FWCA 885


[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

Details
AGLC
Employment Advocacy Solutions Pty Ltd [2019] FWCA 885
Case
[2019] FWCA 885
Decision Date

CaseChat Overview and Summary

Employment Advocacy Solutions Pty Ltd applied to the Fair Work Commission for approval of the Sika Australia Pty Ltd Production and Warehouse Single Enterprise Agreement 2018. Sika Australia Pty Ltd opposed the application. The Fair Work Commission was required to determine whether the agreement met the requirements for registration under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was made in good faith, if it provided for a fair and reasonable method of determining the terms and conditions of employment, and if it complied with the Fair Work (Transition to Terminate) Regulations 2009.

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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