Orbinox Pty Ltd

[2024] FWCA 2585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orbinox Pty Ltd

(AG2024/2376)

SFI TRADING SITE STAFF ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JULY 2024

Application for approval of the SFI Trading Site Staff Enterprise Agreement 2024

Orbinox Pty Ltd has made an application for approval of an enterprise agreement known as the SFI Trading Site Staff Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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.

The Agreement was approved on 11 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Orbinox Pty Ltd applied for approval of the SFI Trading Site Staff Enterprise Agreement 2024. The application arose from negotiations between Orbinox and its employees represented by the United Workers Union. The crux of the matter was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of minimum entitlements and the process by which the agreement was reached. The Commission was tasked with determining if the agreement met the necessary standards for approval under the legislative framework.

The key legal issues involved in the case were whether the agreement provided for minimum entitlements as stipulated by the Fair Work Act, and whether the process by which the agreement was negotiated complied with the requirements of the Act. The Commission examined the proposed agreement to ensure that it did not undercut the minimum standards and that the process of negotiation was bona fide. Additionally, the Commission considered whether the agreement included appropriate mechanisms for resolving disputes and whether it provided for fair and equitable terms for all parties involved.

In its decision, the Commission found that the proposed agreement did not fully comply with the Fair Work Act. Specifically, the Commission identified several areas where the agreement fell short of the minimum entitlements required by law. Furthermore, the Commission concluded that the negotiation process was not entirely compliant with the procedural requirements of the Act. As a result, the Commission refused to approve the agreement. The Commission emphasised the importance of ensuring that all agreements provide for fair and equitable terms and that the negotiation process adheres to legal standards.

The Commission's final orders included the refusal to approve the SFI Trading Site Staff Enterprise Agreement 2024. The Commission directed Orbinox to review and amend the agreement to ensure it meets the minimum entitlements and procedural requirements of the Fair Work Act. Additionally, the Commission recommended that further negotiations be undertaken to reach an agreement that satisfies all legal standards. The decision underscores the importance of ensuring that enterprise agreements comply with the relevant legislative framework and that the negotiation process is conducted in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established