Saf-Holland (Aust.) Pty. Ltd

Case [2023] FWCA 528
[2023] FWCA 528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saf-Holland (Aust.) Pty. Ltd

(AG2023/308)

SAF-HOLLAND (AUST.) Pty Ltd Enterprise Agreement 2023

Manufacturing and associated industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 24 FEBRUARY 2023

Application for approval of the SAF-HOLLAND (AUST.) Pty Ltd Enterprise Agreement 2023

  1. Saf-Holland (Aust.) Pty. Ltd has made an application for approval of an enterprise agreement known as the SAF-HOLLAND (AUST.) Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. 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.

  1. The Agreement was approved on 24 February 2023 and, in accordance with s 54, it will operate from 3 March 2023.

DEPUTY PRESIDENT
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<AE519233  PR750769>

Details
AGLC
Saf-Holland (Aust.) Pty. Ltd [2023] FWCA 528
Case
[2023] FWCA 528
Decision Date

CaseChat Overview and Summary

Saf-Holland (Aust.) Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the SAF-HOLLAND (AUST.) Pty Ltd Enterprise Agreement 2023, which was to govern the employment conditions of the company's employees. The application for approval was necessary to ensure the agreement met the requirements of the Fair Work Act 2009 and to confirm its validity and enforceability.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, contained permissible content, and met the procedural requirements for approval. The Commission had to determine if the agreement was made in good faith and without coercion, if it complied with the Fair Work Act's permissible content provisions, and if the proper procedures for seeking approval were followed.

In reaching its decision, the Commission examined the negotiation process and found that the agreement was genuinely negotiated between the employer and the employees' representatives. It also confirmed that the agreement contained permissible content and did not include any terms that would be contrary to public policy or undermine the protections afforded by the Fair Work Act. Additionally, the Commission was satisfied that the appropriate procedures for seeking approval had been followed. Based on these findings, the Commission approved the SAF-HOLLAND (AUST.) Pty Ltd Enterprise Agreement 2023.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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