DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sabco Australia Pty Ltd
(AG2021/5169)

SABCO AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021 - 2024

Storage services
COMMISSIONER LEE	MELBOURNE, 24 MAY 2021

Application for approval of the Sabco Australia Pty Ltd and United Workers Union Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Sabco Australia Pty Ltd and United Workers Union Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sabco Australia 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. 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.

[4] 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.

[5] The United Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2021. The nominal expiry date of the Agreement is 1 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Sabco Australia Pty Ltd and United Workers Union Enterprise Agreement 2021-2024. The agreement was submitted by the Union on behalf of its members who are employed by Sabco. The company opposed the application, raising concerns about the fairness and reasonableness of the agreement terms.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and reasonable, and whether it complied with the process and content provisions of the Act. The company argued that the agreement did not meet these standards, while the Union contended that it was fair and reasonable and properly negotiated.

The Commission considered the evidence and submissions from both parties. It examined the negotiation process, the terms of the agreement, and the impact of the agreement on the employees and the company. After careful consideration, the Commission found that the agreement was fair and reasonable, and that it complied with the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith and provided for a fair balance of interests between the parties. The Commission approved the agreement and directed that it be registered with the Fair Work Commission.

The Fair Work Commission approved the Sabco Australia Pty Ltd and United Workers Union Enterprise Agreement 2021-2024, and directed that it be registered with the Commission. The company was ordered to take all necessary steps to give effect to the agreement, and the Union was ordered to take all necessary steps to ensure that its members were aware of the agreement and its terms. The decision provides guidance for employers and unions on the requirements for an enterprise agreement to be approved by the Commission.

Sabco Australia 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