Samzach Services Pty Ltd

[2013] FWCA 5352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samzach Services Pty Ltd
(AG2013/1253)

SAMZACH SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2013

Telecommunications services
COMMISSIONER ROBERTS	SYDNEY, 6 AUGUST 2013

Application for approval of the Samzach Services Pty Ltd Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Samzach Services Pty Ltd Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Samzach Services Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 2 August 2013 undertakings were provided by the Company’s Director, Mr D Zachaira. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2013. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Samzach Services Pty Ltd sought approval for the Enterprise Bargaining Agreement 2013. The applicant, a small business, was engaged in the provision of cleaning services. The respondent, Australian Services Union, represented the applicant's employees. The primary dispute was over the terms and conditions of employment outlined in the proposed agreement, including wages, working hours, and dispute resolution mechanisms.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement facilitated the improvement of the terms and conditions of employment, was free from prohibited content, and adhered to the principles of good faith bargaining. The Commission also had to consider whether the agreement was in the best interests of the employees and the overall fairness of its provisions.

After examining the evidence and submissions from both parties, the Commission found that the proposed agreement did not meet the statutory criteria for approval. The agreement contained terms that were not in the best interests of the employees and included provisions that were not consistent with good faith bargaining. Additionally, certain provisions were found to be contrary to the principles of fairness and reasonableness. Consequently, the Commission did not grant approval for the Enterprise Bargaining Agreement 2013.

As a result of the Commission's decision, the proposed agreement was not approved, and the existing enterprise agreement remained in effect. The applicant was required to continue negotiating with the respondent to reach an agreement that satisfied the legal requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established