SATAB Pty Ltd Summary

[2013] FWCA 8922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SATAB Pty Ltd
(AG2013/10003)

SATAB BRANCH AGREEMENT 2013

Amusement, events and recreation industry
COMMISSIONER HAMPTON	ADELAIDE, 13 NOVEMBER 2013

Application for approval of the SATAB Branch Agreement 2013.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In so finding, I consider Clause 36, Grievance and Dispute Avoidance Procedure, broad enough to include disputes about the Agreement and National Employment Standards as required by s.186(6)(b) of the Act.

[3] I note that the reference award for the purposes of s.193 of the Act is the South Australian Totalizator Agency Board Award [AN150153 - NAPSA], being an Enterprise Award that has been preserved by virtue of Item 18 of Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[4] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2013. The nominal expiry date of the Agreement is 19 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SATAB Pty Ltd is a company with employees represented by the Shop, Distributive and Allied Employees' Association (SDA). In this case, the company sought approval of the SATAB Branch Agreement 2013, which was to be applied to the employees. The application was heard in the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The SDA argued against the approval, asserting that the agreement did not meet the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the SATAB Branch Agreement 2013 complied with the legal standards set out in the Fair Work Act. Specifically, the SDA contended that the agreement failed to properly address certain matters, such as the inclusion of a clause regarding the company's right to change the structure of employment. The FWC had to determine if the agreement met the necessary criteria for approval, including whether it contained all the prescribed matters and adhered to procedural requirements.

In its reasoning, the FWC examined the specific provisions of the agreement and compared them against the statutory requirements. The Commission found that while the agreement contained most of the required matters, it did not adequately address the company's right to change the structure of employment, as required by section 221 of the Fair Work Act. The FWC noted that the agreement needed to provide a clear understanding of the company's ability to alter employment structures, which was not sufficiently outlined in the document. Consequently, the FWC rejected the application for approval of the SATAB Branch Agreement 2013. The FWC concluded that the agreement did not meet the necessary criteria for an enterprise agreement and therefore could not be approved.

SATAB Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established