SA Profiling Pty Ltd

[2024] FWCA 4467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SA Profiling Pty Ltd

(AG2024/4206)

SA PROFILING PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER THORNTON	ADELAIDE, 12 DECEMBER 2024

Application for approval of the SA Profiling Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the SA Profiling Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SA Profiling Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees contained a minor difference in the Agreement title, referring to the SA Profiling Pty Ltd Enterprise Agreement 2023. The Applicant has advised it was a typographical error. Despite this error, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act from 19 December 2024. The nominal expiry date of the Agreement is 12 December 2028.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by SA Profiling Pty Ltd to have its Enterprise Agreement 2024 approved. The agreement, which was proposed by the company, sought to set out the terms and conditions of employment for its employees. The dispute arose from the company's assertion that the agreement would provide a fair and reasonable framework for the terms and conditions of employment for its workforce. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed Enterprise Agreement 2024 complied with the statutory provisions of the Fair Work Act, particularly sections 227 and 234. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009, which sets out the framework for the approval of enterprise agreements. Additionally, the Commission needed to assess if the agreement met the procedural requirements, including whether proper consultation with the employees and the relevant registered organisation had occurred.

In making its decision, the Fair Work Commission examined the terms of the proposed agreement, including wages, working hours, leave entitlements, and other employment conditions. The Commission also considered submissions from SA Profiling Pty Ltd and any relevant stakeholders. The Commission found that the agreement was fair and reasonable, providing for adequate terms and conditions of employment. The agreement was consistent with the relevant legislation and met the procedural requirements for approval. Consequently, the Commission approved the Enterprise Agreement 2024.

The final orders of the Fair Work Commission were that the SA Profiling Pty Ltd Enterprise Agreement 2024 be approved and registered under the Fair Work Act. This decision was made in light of the findings that the agreement met all statutory and procedural requirements and provided for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established