DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SafeRad SE Asia Pty Ltd
(AG2020/1733)

SAFERAD SE ASIA PTY LTD (EASTERN AUSTRALIAN) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 10 JULY 2020

Application for approval of the SafeRad SE Asia Pty Ltd (Eastern Australian) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SafeRad SE Asia Pty Ltd (Eastern Australian) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SafeRad SE Asia 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2020. The nominal expiry date of the Agreement is 9 July 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SafeRad SE Asia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was made between SafeRad SE Asia Pty Ltd and its employees. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper protection of employees' interests, whether it included appropriate dispute resolution mechanisms, and whether it was made in good faith and without coercion. The Commission considered submissions from both parties and examined the agreement's provisions.

The Commission found that the agreement was made in good faith and without coercion and provided for the proper protection of employees' interests. The Commission also found that the agreement contained appropriate dispute resolution mechanisms and met the necessary criteria for approval. The Commission approved the SafeRad SE Asia Pty Ltd (Eastern Australian) Enterprise Agreement 2020. The approval is effective from the date of the Commission's decision.

SafeRad SE Asia 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