SAS Telecom Pty Ltd Summary

[2014] FWCA 2039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SAS Telecom Pty Ltd
(AG2013/12893)

SAS TELECOM METRO WA ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MARCH 2014

Application for approval of the SAS Telecom Metro WA Enterprise Agreement.

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

[2] The Applicant 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.

[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 was approved on 26 March 2014 and, in accordance with s.54, will operate from 2 April 2014. The nominal expiry date of the Agreement is 26 March 2018.

DEPUTY PRESIDENT

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Annexure A

CaseChat Overview and Summary

SAS Telecom Pty Ltd was the subject of an application for the approval of the SAS Telecom Metro WA Enterprise Agreement. The applicant, SAS Telecom, sought approval from the Fair Work Commission to ensure that the agreement would be legally binding and enforceable between the company and its employees. The dispute centred around the terms of the proposed agreement, which was intended to regulate various employment conditions, including wages, hours of work, and other related matters.

The legal issues before the court involved assessing whether the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for being a "single, indivisible agreement" and whether it contained all the necessary terms as mandated by the Act. Additionally, the court needed to confirm that the agreement had been made free from any improper conduct or coercion, and that it had been appropriately negotiated.

The court carefully reviewed the agreement, examining each clause to ensure compliance with the statutory requirements. The court noted that the agreement covered all the essential terms as prescribed by the Fair Work Act, and it found no evidence of improper conduct or coercion in the negotiation process. The court concluded that the agreement was a genuine enterprise agreement and was thus eligible for approval. Consequently, the court granted the application, approving the SAS Telecom Metro WA Enterprise Agreement as legally binding.

The final orders of the court mandated that the approved enterprise agreement be registered with the Fair Work Commission and that it would come into effect on a specified date. The agreement was to apply to all employees of SAS Telecom who were covered by the agreement, governing their employment terms and conditions as outlined in the approved document.

SAS Telecom Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established