SAGE AUTOMATION SITE SERVICES SINGLE ENTERPRISE AGREEMENT 2014

Case [2014] FWCA 4996
[2014] FWCA 4996
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SAGE Automation (SA) Pty Ltd
(AG2014/6784)

SAGE AUTOMATION SITE SERVICES SINGLE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

ADELAIDE, 24 JULY 2014

Application for approval of the SAGE Automation Site Services Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SAGE Automation Site Services Single Enterprise Agreement 2014 (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 (SA) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

    “In terms of the operation of the Agreement and the entitlements contained within, the Company will apply the redundancy provisions established in the Fair Work Act 2009.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 17 March 2017.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
SAGE AUTOMATION SITE SERVICES SINGLE ENTERPRISE AGREEMENT 2014 [2014] FWCA 4996
Case
[2014] FWCA 4996
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, SAGE Automation, applied for approval of the SAGE Automation Site Services Single Enterprise Agreement 2014. The respondent, United Voice, did not oppose the application. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the relevant legislative requirements.

The primary legal issue before the Commission was whether the Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the Agreement complied with the good faith bargaining provisions and other statutory requirements, including the procedural fairness and the best interests of the employees.

The Commission found that the Agreement had been negotiated in good faith and was in the best interests of the employees. The terms of the Agreement were fair and reasonable, providing appropriate protections for employees. The Commission noted that the respondent had not opposed the application and had not raised any objections to the terms of the Agreement. Consequently, the Commission approved the Agreement, and it will operate from 1 August 2014, with a nominal expiry date of 17 March 2017.

Orders

Orders of the court

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 17 March 2017.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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