DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sapikawa Pty Ltd
(AG2020/2751)

SAPIKAWA ENTERPRISE AGREEMENT 2020

Security services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 OCTOBER 2020

Application for approval of the Sapikawa Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sapikawa Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sapikawa Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2020. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sapikawa Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Sapikawa Enterprise Agreement 2020, which had been negotiated with its employees. The application was opposed by the Australian Council of Trade Unions, representing some of the employees. The dispute centred on the fairness and appropriateness of various provisions within the proposed agreement, particularly those related to employment conditions, pay rates, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements for enterprise agreements and whether it met the "better off overall test," which mandates that employees be no worse off financially and have at least the same access to other benefits as under their previous conditions. The Commission had to assess the fairness of the proposed terms and conditions, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. Additionally, the Commission needed to evaluate the dispute resolution provisions to ensure they were fair and reasonable.

The Fair Work Commission found that the Sapikawa Enterprise Agreement 2020 complied with all formal requirements and met the better off overall test. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, considering the overall benefits and the bargaining context. The dispute resolution mechanisms were deemed fair and effective, providing a reasonable balance of interests between the employer and the employees. Consequently, the Commission approved the agreement under section 178 of the Fair Work Act 2009.

The final orders of the Commission were that the Sapikawa Enterprise Agreement 2020 be approved, effective from the date of the decision. This approval meant that the agreement would govern the employment conditions of the employees covered by the agreement, subject to the provisions of the Fair Work Act 2009.

Sapikawa Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established