DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/4704)

SABCO AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018-2020

Storage services
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Sabco Australia Pty Ltd and National Union of Workers Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Sabco Australia Pty Ltd and National Union of Workers Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. 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] 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] 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 4.7.8 – Short Paternity Leave

• Clause 5.7 – Notice of Termination

• Clause 5.8 – Abandonment of Employment

However, noting clause 1.7of the Agreement and the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for the approval of the Sabco Australia Pty Ltd and National Union of Workers Enterprise Agreement 2018-2020, the Fair Work Commission was called upon to determine the merits of the proposed enterprise agreement. The application was brought by the National Union of Workers, seeking approval for the agreement negotiated with Sabco Australia Pty Ltd. The dispute centred around the terms of the proposed agreement, including wages, conditions of employment, and other related matters that impact the workforce of Sabco Australia Pty Ltd.

The legal issues before the Commission involved ensuring that the proposed agreement met the requirements set forth in the Fair Work Act 2009, specifically addressing whether the agreement was fair and reasonable in all its terms. This included assessing the provisions for minimum rates of pay, penalty rates, allowances, and the overall balance of the agreement in terms of fairness to both employers and employees. The Commission also needed to determine if the agreement complied with the "better off overall test" and was made in accordance with the procedural requirements stipulated by the Act.

The Commission carefully considered the submissions from both parties, evaluating the terms of the proposed agreement against the statutory criteria. The Commission found that the agreement, while containing some contentious elements, was fair and reasonable taking into account the broader context of the industry, the economic environment, and the needs of the workforce. The Commission concluded that the agreement met the requirements of the Act and was thus approved, ensuring that it would serve as a binding contract between Sabco Australia Pty Ltd and the National Union of Workers for the specified period.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established