DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S.V.C Products Pty Ltd
(AG2020/347)

S.V.C. PRODUCTS PTY. LTD. ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MARCH 2020

Application for approval of the S.V.C. Products Pty. Ltd. Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the S.V.C. Products Pty. Ltd. Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S.V.C Products 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 3 March 2020 and, in accordance with s.54, will operate from 10 March 2020. The nominal expiry date of the Agreement is 1 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, S.V.C Products Pty Ltd, sought approval of an enterprise agreement for the period 2019-2023. The application was made before the Fair Work Commission, which has the jurisdiction to approve enterprise agreements that comply with the Fair Work Act 2009. The dispute centred around whether the agreement met the legislative requirements for approval, including whether it provided for minimum terms and conditions and whether it had been genuinely agreed upon by the parties.

The legal issues that the Commission was required to address included whether the agreement met the statutory criteria for approval, including whether it provided for minimum terms and conditions as set out in the Fair Work Act and whether it had been genuinely agreed upon by the parties. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it complied with any relevant industrial instruments.

In its decision, the Commission found that the agreement met the statutory criteria for approval. The Commission noted that the agreement provided for minimum terms and conditions and that there was evidence that it had been genuinely agreed upon by the parties. The Commission also found that the agreement was in the best interests of the employees and that it complied with any relevant industrial instruments. The Commission approved the enterprise agreement, subject to certain conditions and modifications.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions and modifications. The Commission found that the agreement provided for minimum terms and conditions and had been genuinely agreed upon by the parties. The Commission also found that the agreement was in the best interests of the employees and complied with any relevant industrial instruments. The approval is effective from the date of the decision and will remain in force until the end of the agreement period.

S.V.C Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established