DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SafeRad SE Asia Pty Ltd
(AG2017/85)

SAFERAD SE ASIA PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 JANUARY 2017

Application for approval of the SafeRad SE Asia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SafeRad SE Asia Pty Ltd Enterprise Agreement 2016 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2017. The nominal expiry date of the Agreement is 30 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SafeRad SE Asia Pty Ltd recently applied to the Fair Work Commission for the approval of their 2016 Enterprise Agreement. The company, involved in the manufacture of medical radiation equipment, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was contested by the Electrical Trades Union of Australia, which raised objections on various grounds, including the adequacy of the agreement in terms of its compliance with the Fair Work Act.

The central legal issues before the court were whether the agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions of employment, and whether it had been made in good faith and without the coercion of any party. Additionally, the court had to consider if the agreement provided for a fair and reasonable resolution of any disputes between the parties.

The Fair Work Commission carefully reviewed the provisions of the agreement and the submissions made by both parties. The Commission found that the agreement was compliant with the statutory requirements, including the provision of minimum terms and conditions, and had been made in good faith. The Commission also found that the agreement provided for a fair and reasonable resolution of any disputes between the parties. The court was satisfied that the agreement met the necessary standards for approval under the Fair Work Act.

Accordingly, the Fair Work Commission approved the SafeRad SE Asia Pty Ltd Enterprise Agreement 2016, and it was registered as a registered agreement under the Fair Work Act 2009. The Electrical Trades Union of Australia's objections were dismissed.

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