Melbourne Satellites Pty Ltd

[2013] FWCA 2886

FAIR WORK COMMISSION

DECISION

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

Melbourne Satellites Pty Ltd
(AG2013/904)

MELBOURNE SATELLITES SINGLE ENTERPRISE AGREEMENT 2013

Telecommunications services
COMMISSIONER ROE	SYDNEY, 9 MAY 2013

Application for approval of the Melbourne Satellites Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Satellites Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Satellites Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 23 April 2013 and on 1 May 2013. On 30 April 2013 I received a response to the queries and on 6 May 2013 I received a further response and a signed undertaking from Mr Tony Cowling, General Manager of the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2013. The nominal expiry date of the Agreement is 16 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Satellites Pty Ltd applied to the Fair Work Commission for approval of the Melbourne Satellites Single Enterprise Agreement 2013. The applicant is an employer and the respondents are the employees. The dispute concerns whether the agreement meets the legal requirements for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement was genuinely a single enterprise agreement, whether it had been negotiated in good faith, and whether it met the "better off overall test." The applicant argued that the agreement was fair and reasonable, while the respondents contended that the agreement did not meet the necessary standards for approval.

The Fair Work Commission found that the agreement was genuinely a single enterprise agreement, was negotiated in good faith, and met the "better off overall test." The Commission emphasised the importance of the parties’ engagement in a genuine process of negotiation and considered the detailed submissions made by both parties. The Commission also noted the absence of any significant objections from the respondents regarding the content of the agreement.

The Fair Work Commission approved the Melbourne Satellites Single Enterprise Agreement 2013, determining that it complied with the requirements of the Fair Work Act 2009. The agreement was to be registered and would have effect from the date of the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established