DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sabco Australia Pty Ltd
(AG2015/5359)

SABCO AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 16 SEPTEMBER 2015

Application for approval of the Sabco Australia Pty Ltd and National Union of Workers Enterprise Agreement 2015.

[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 2015 (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 Applicant 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. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] 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.

[7] The Agreement was approved on 16 September 2015 and, in accordance with s.54, will operate from 23 September 2015. The nominal expiry date of the Agreement is 31 December 2017

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Sabco Australia Pty Ltd and the National Union of Workers for the approval of the Sabco Australia Pty Ltd and National Union of Workers Enterprise Agreement 2015. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the agreement to determine its compliance with the statutory requirements, including provisions related to minimum entitlements, pay rates, and procedural fairness.

The legal issues before the Commission included whether the proposed agreement met the 'better off overall test' and whether it contained any provisions that were contrary to public policy or otherwise unenforceable. Additionally, the Commission had to consider whether the agreement provided adequate protection for employee rights and whether it was consistent with the principles of procedural fairness. The Commission also needed to ensure that the agreement did not contravene any relevant industrial instruments or awards.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was compliant with the statutory requirements. The Commission determined that the agreement satisfied the 'better off overall test' and did not contain any provisions that were contrary to public policy. The agreement was found to provide adequate protection for employee rights and was consistent with the principles of procedural fairness. The Commission also confirmed that the agreement did not contravene any relevant industrial instruments or awards. Consequently, the Fair Work Commission approved the Sabco Australia Pty Ltd and National Union of Workers Enterprise Agreement 2015.

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