SBM Melbourne Pty Ltd

[2024] FWCA 2073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SBM Melbourne Pty Ltd

(AG2024/1631)

SBM MELBOURNE ENTERPRISE AGREEMENT 2024

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DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2024

Application for approval of the SBM Melbourne Enterprise Agreement 2024

SBM Melbourne Pty Ltd has made an application for approval of an enterprise agreement known as the SBM Melbourne Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the AMWU.

The Agreement was approved on 5 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved SBM Melbourne Pty Ltd, which sought approval for the SBM Melbourne Enterprise Agreement 2024. The matter was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the applicant argued that the agreement was in the best interests of the employees and complied with all relevant legislative provisions.

The legal issues the court needed to address included whether the agreement provided for fair and reasonable terms and conditions for employees, including appropriate minimum rates of pay, leave entitlements, and other benefits. Additionally, the court had to consider whether the agreement had been fairly negotiated and whether it included adequate protections and safeguards for employees.

The Fair Work Commission carefully examined the terms of the proposed agreement and considered submissions from both parties. The court found that the agreement was fair and reasonable, taking into account the evidence provided. It determined that the agreement met the statutory requirements and was in the best interests of the employees. The commission approved the agreement, noting the balanced nature of the terms and the fair negotiation process.

In approving the agreement, the Fair Work Commission issued its order, affirming the SBM Melbourne Enterprise Agreement 2024 as legally binding from the date of the decision. The agreement now serves as the basis for employment conditions for the relevant employees, subject to the provisions outlined in the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established