SafeRad SE Asia Pty Ltd Summary

[2023] FWCA 2102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SafeRad SE Asia Pty Ltd

(AG2023/1614)

SAFERAD SE ASIA PTY LTD ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 10 JULY 2023

Application for approval of the SafeRad SE Asia Pty Ltd Enterprise Agreement 2022

SafeRad SE Asia Pty Ltd has applied for approval of a single enterprise agreement known as the SafeRad SE Asia Pty Ltd Enterprise Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 17 July 2023. The nominal expiry date of the Agreement is 10 July 2027.

The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the SafeRad SE Asia Pty Ltd Enterprise Agreement 2022. The dispute involved the employer, SafeRad SE Asia Pty Ltd, and the relevant trade union, the Australian Manufacturing Workers' Union. The application was brought under the Fair Work Act 2009, with the Commission exercising its powers to assess whether the agreement met the criteria for registration as a lawful enterprise agreement.

The primary legal issue before the Commission was whether the agreement was a protected action bargaining agreement, whether it contained the required provisions, and if it complied with the formal requirements for registration. The Commission also considered whether the agreement met the 'better off overall test', ensuring that employees were not worse off financially or in terms of conditions of employment.

The Commission found that the agreement was a protected action bargaining agreement and contained all the required provisions. It was noted that the agreement had been negotiated in good faith and that the union had provided evidence of a majority of employees' support for the agreement. The Commission was satisfied that the agreement complied with the formal requirements and that employees would be better off overall, as the agreement provided for improved wages and conditions, including provisions for additional leave and training opportunities. The Commission approved the agreement, determining that it met the necessary legal standards for registration.

The Fair Work Commission approved the SafeRad SE Asia Pty Ltd Enterprise Agreement 2022, finding it to be a lawful enterprise agreement that met all the criteria for registration under the Fair Work Act 2009. The Commission's decision ensures that the agreement will be binding on the parties and will provide for improved wages and conditions for the employees of SafeRad SE Asia Pty Ltd.

SafeRad SE Asia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established