DECISION

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

SBS Newcastle Pty Ltd
(AG2015/1742)

SBS NEWCASTLE PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 FEBRUARY 2015

Application for approval of the SBS Newcastle Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SBS Newcastle Pty Ltd Enterprise Agreement 2014 (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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] An undertaking has been provided in the following terms:

“1. Shift workers, as defined in clause 15.5 of the agreement, shall be entitled to leave entitlements in accordance with section 87(1)(b) for the Fair Work Act 2009.”

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[5] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 5 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SBS Newcastle Pty Ltd was the subject of an application for the approval of an Enterprise Agreement in 2014. The application was brought before the Fair Work Commission. The dispute involved the terms and conditions of employment for employees of SBS Newcastle Pty Ltd, focusing on the proposed changes introduced by the Enterprise Agreement.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement provided for the protection of employees' rights, was free from any unfair content, and that it had been genuinely agreed upon by both parties. Additionally, the Commission had to determine if the agreement met the statutory requirements for bargaining and approval, particularly under sections 172 and 194 of the Act.

The Commission examined the provisions of the proposed agreement, considering the fairness and reasonableness of the terms in light of existing industrial instruments and broader economic conditions. It assessed the evidence provided by both parties regarding the process of bargaining and the genuine agreement of the terms. Ultimately, the Commission found that the agreement did comply with the statutory requirements and was fair and reasonable. The Commission approved the Enterprise Agreement, recognising the legitimate interests of both employers and employees, and emphasising the importance of maintaining a balanced approach in industrial relations.

The Fair Work Commission's decision was to approve the SBS Newcastle Pty Ltd Enterprise Agreement 2014. This approval formalised the terms and conditions of employment set out in the agreement, ensuring that they were legally compliant and fair to all parties involved.

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