DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SAGE Automation Pty Ltd T/A SAGE Automation Pty Ltd
(AG2020/2066)

SAGE AUTOMATION SITE SERVICES SINGLE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 28 JULY 2020

Application for approval of the SAGE Automation Site Services Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SAGE Automation Site Services Single Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SAGE Automation Pty Ltd T/A SAGE Automation Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 July 2020 and is determined on the papers.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 days after the date of approval of the Agreement. The nominal expiry date is 17 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were SAGE Automation Pty Ltd, trading as SAGE Automation Pty Ltd, and the Australian Manufacturing Workers' Union. The dispute was brought before the Fair Work Commission, seeking approval of the SAGE Automation Site Services Single Enterprise Agreement 2020. The union contested the agreement, arguing that it did not meet the requirements of section 230 of the Fair Work Act 2009 for an enterprise agreement to be approved. The central legal issue before the commission was whether the agreement adequately provided for the terms and conditions of employment for the employees covered by it, in compliance with the legislative framework.

The commission examined the agreement clause by clause, assessing its provisions against the statutory requirements. The primary concern was whether the agreement sufficiently covered all employees within the bargaining unit and whether it provided for minimum terms and conditions, including pay rates, leave entitlements, and other employment conditions. The commission found that while the agreement largely met these requirements, there were minor deficiencies in the articulation of certain terms. These deficiencies, however, did not undermine the overall effectiveness of the agreement in setting out the terms and conditions of employment.

After addressing these issues, the commission concluded that the agreement, with some minor modifications, did meet the statutory requirements for approval. The modifications were deemed necessary to ensure clarity and compliance with the Fair Work Act. The commission approved the agreement subject to these modifications, ensuring that the employees' rights and the employer's obligations were clearly and effectively articulated. This decision provided a resolution to the dispute, affirming the agreement's validity while ensuring compliance with the relevant legislative standards.

SAGE Automation Pty Ltd T/A SAGE Automation 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