| [2024] FWC 3249 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Saltair Modular Pty Ltd T/A Saltair Modular Pty Ltd
(AG2024/3982)
SALTAIR MODULAR ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER THORNTON | ADELAIDE, 22 NOVEMBER 2024 |
Application for approval of the Saltair Modular Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Saltair Modular Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saltair Modular Pty Ltd trading as Saltair Modular Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 5(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act from 29 November 2024. The nominal expiry date of the Agreement is 22 November 2028.
COMMISSIONER
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ANNEXURE A
- AGLC
- Saltair Modular Pty Ltd T/A Saltair Modular Pty Ltd [2024] FWC 3249
- Case
- [2024] FWC 3249
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Fair Work Commission had to address were whether the agreement was made in good faith, whether it complied with the minimum entitlements and protections set out in the Fair Work Act, and if it met the requirements for employee participation in the bargaining process. The Commission also needed to ensure that the agreement did not adversely affect employees' existing conditions of employment and that it adhered to the Fair Work (Registered Organisations) Act 2009.
In its decision, the Fair Work Commission found that the Saltair Modular Enterprise Agreement 2024 was made in good faith and complied with the relevant legislative requirements. The Commission noted that the agreement provided for minimum entitlements and protections for employees, and it did not adversely affect employees' existing conditions. The Commission was satisfied that the bargaining process adhered to the provisions of the Fair Work Act and that there was sufficient employee participation. Consequently, the Fair Work Commission approved the agreement, confirming that it met the necessary statutory criteria.
The Fair Work Commission's final order was to approve the Saltair Modular Enterprise Agreement 2024 as compliant with the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees and the employer, ensuring that it provided a fair and balanced framework for future employment relations.
Orders
Orders of the court
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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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