Sancell Pty Ltd

[2023] FWCA 1473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sancell Pty Ltd

(AG2023/1104)

SANCELL PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2023

Application for approval of the Sancell Pty Ltd Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Sancell Pty Ltd Enterprise Agreement 2023 (Agreement).

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 25 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sancell Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval for the Enterprise Agreement 2023. The agreement, which was negotiated between the company and its employees' representatives, aims to regulate various terms and conditions of employment. The application for approval came about due to the need for the agreement to comply with the requirements set out in the Fair Work Act 2009.

The primary legal issues the Commission had to address involved ensuring the agreement met all legislative requirements and adhered to the principles of good faith bargaining. The Commission had to determine whether the agreement was made in good faith, whether it included the mandatory minimum terms and conditions, and if it was in the best interest of the employees. Additionally, the Commission needed to consider whether the agreement provided for adequate protections and benefits for the employees, and whether it complied with any relevant awards or other agreements that might be applicable.

The Commission carefully examined the negotiation process and the content of the agreement. It found that the negotiation process was conducted in good faith, with both parties demonstrating a willingness to reach an agreement. The Commission also confirmed that the agreement included all the mandatory minimum terms and conditions and provided adequate protections and benefits for the employees. Given these findings, the Commission approved the Sancell Pty Ltd Enterprise Agreement 2023. The decision highlighted the importance of ensuring that all agreements are made in good faith and that they provide for fair and reasonable terms for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established