Sekisui Rib Loc Australia Pty Ltd

[2014] FWCA 7168

FAIR WORK COMMISSION

DECISION

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

Sekisui Rib Loc Australia Pty Ltd
(AG2014/9170)

SEKISUI RIB LOC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 OCTOBER 2014

Application for approval of the Sekisui Rib Loc Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sekisui Rib Loc Australia 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 Sekisui Rib Loc Australia 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sekisui Rib Loc Australia Pty Ltd was before the Fair Work Commission, with the company seeking approval of an enterprise agreement. The dispute involved the company's request for the agreement to be approved, despite objections from certain employees and unions. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and met the necessary conditions for approval.

The key legal issues before the Commission were whether the agreement provided for minimum wages and conditions, whether it was free from prohibited content, and whether it was appropriately certified. The objections raised by the employees and unions centred on concerns about the agreement's impact on employee entitlements, particularly in relation to penalty rates and shift differentials. The Commission had to consider these objections in light of the statutory requirements and the principles of good faith bargaining.

In reaching its decision, the Commission examined the provisions of the proposed agreement and the certification process. The Commission noted that the agreement provided for minimum wages and conditions and was free from prohibited content. The Commission also found that the certification process was appropriate, with the majority of employees who were eligible to vote having done so in favour of the agreement. The Commission concluded that the agreement met the necessary conditions for approval and was in the best interests of the employees concerned. The objections raised by the employees and unions were not sufficient to prevent the agreement from being approved.

The Fair Work Commission approved the Sekisui Rib Loc Australia Pty Ltd Enterprise Agreement 2014, finding it to be in compliance with the Fair Work Act 2009 and meeting the necessary conditions for approval. The objections raised by the employees and unions were not deemed significant enough to prevent the agreement from being approved. The decision highlights the importance of proper certification processes and the role of the Commission in ensuring that enterprise agreements are fair and in the best interests of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established