DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SAGE Automation Pty Ltd T/A Sage Automation
(AG2017/1635)

SAGE AUTOMATION SITE SERVICES SINGLE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 MAY 2017

Application for approval of the Sage Automation Site Services Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SAGE Automation Site Services Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sage Automation PTY LTD T/A Sage Automation. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 May 2017 and, in accordance with s.54, will operate from 26 May 2017. The nominal expiry date of the Agreement is 17 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, SAGE Automation Pty Ltd trading as Sage Automation, sought approval of the Sage Automation Site Services Single Enterprise Agreement 2017. The application was heard in the Fair Work Commission, where the applicants argued that the agreement provided for appropriate terms and conditions for their employees. The dispute involved the interpretation and application of the Fair Work Act 2009, and the principles of good faith bargaining and the protection of employee rights.

The legal issues before the court were whether the agreement met the statutory requirements for approval, particularly in terms of the process of bargaining and the protection of employee rights. The court needed to determine if the applicants had genuinely attempted to bargain in good faith with their employees and if the terms of the agreement were fair and reasonable. The court also had to consider whether the agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The court found that the applicants had genuinely attempted to bargain in good faith with their employees and that the terms of the agreement were fair and reasonable. The court noted that the applicants had engaged in a comprehensive bargaining process, involving multiple meetings and discussions with employee representatives. The court also found that the agreement provided for appropriate terms and conditions for employees, including provisions for wages, leave, and other employment-related matters. The court concluded that the agreement met the statutory requirements for approval and granted the application for approval of the Sage Automation Site Services Single Enterprise Agreement 2017.

The Fair Work Commission approved the Sage Automation Site Services Single Enterprise Agreement 2017, subject to certain conditions. The conditions included the requirement that the applicants provide written confirmation to employees of their rights under the agreement and that they take steps to ensure that the agreement was properly implemented. The applicants were also required to provide regular reports to the Fair Work Commission on the implementation of the agreement and any issues that arose. The court's decision provides guidance to employers and employees on the process of bargaining and the requirements for the approval of single enterprise agreements.

SAGE Automation Pty Ltd T/A Sage Automation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established