DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scyclad Pty Ltd
(AG2018/4738)

SCYCLAD PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2019

Application for approval of the Scyclad Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Scyclad 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 Scyclad Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 29 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scyclad Pty Ltd recently had its Enterprise Agreement 2018 subject to a review by the Fair Work Commission. The dispute arose from concerns regarding the agreement's provisions and whether it met the necessary requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith.

The primary legal issue before the Commission was whether the Enterprise Agreement 2018 adhered to the statutory requirements set out in the Fair Work Act. This included assessing if the agreement was made without coercion and if it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both employees and the employer, and if it included necessary provisions regarding minimum wages, classification of employees, and other employment conditions.

The Fair Work Commission meticulously examined the terms of the Enterprise Agreement 2018 and found that it largely met the statutory requirements. The Commission concluded that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained necessary provisions for minimum wages, employee classification, and other employment conditions, and that it balanced the interests of both parties. Consequently, the Commission approved the Enterprise Agreement 2018, affirming that it complied with the legislative framework.

Scyclad 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