DECISION

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

SBS Newcastle Pty Ltd
(AG2018/5555)

SBS NEWCASTLE PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 18 APRIL 2019

Application for approval of the SBS Newcastle Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SBS Newcastle Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SBS Newcastle 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 relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 27 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the National HR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] Issues were raised in relation to the compliance of the Consultation provisions of the Agreement. I am satisfied that this provision confirms with the requirements of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 25 April 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, SBS Newcastle Pty Ltd applied for approval of the SBS Newcastle Pty Ltd Enterprise Agreement 2018. The respondents to the application were the Communications, Electrical and Plumbing Union of Australia, the National Tertiary Education Union and the Australian Services Union. The dispute involved the terms and conditions of employment of certain employees of SBS Newcastle Pty Ltd, who were members of the respondent unions. The legal issues before the Commission were whether the agreement was in the public interest, whether it was a "better off overall test" agreement, and whether it complied with the requirements of the Fair Work Act 2009.

The Commission found that the agreement was in the public interest, as it provided for a modern and flexible workplace that balanced the needs of the employer and employees. The agreement also contained provisions that promoted productivity and efficiency, which were in the public interest. The Commission also found that the agreement was a "better off overall test" agreement, as it provided for a range of benefits to employees, including pay increases, improved leave entitlements, and better access to training and development opportunities. The Commission noted that while some of the respondents had concerns about certain provisions of the agreement, these concerns did not outweigh the overall benefits that the agreement provided to employees.

The Commission approved the SBS Newcastle Pty Ltd Enterprise Agreement 2018, subject to certain modifications to address the concerns of the respondents. The modifications related to provisions on shift patterns, overtime, and the use of casual employees. The Commission considered that these modifications were necessary to ensure that the agreement was fair and reasonable, and did not undermine the overall benefits that the agreement provided to employees. The Commission also noted that the modifications did not significantly alter the terms and conditions of employment provided for in the agreement.

The Commission made orders approving the SBS Newcastle Pty Ltd Enterprise Agreement 2018, subject to the modifications identified in the decision. The orders also provided for the agreement to be registered with the Fair Work Commission, and for it to be deemed to have effect from the date of the decision. The parties to the agreement were directed to take all necessary steps to give effect to the orders, and to comply with the terms and conditions of the agreement as modified by the decision.

SBS Newcastle 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