DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Selkirk Pty Ltd T/A Selkirk Pty Ltd
(AG2017/1594)

SELKIRK ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 MAY 2017

Application for approval of the Selkirk Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Selkirk Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Selkirk Pty Ltd T/A Selkirk Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Construction, Forestry, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 May 2017 and, in accordance with s.54, will operate from 2 June 2017. The nominal expiry date of the Agreement is 26 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Selkirk Pty Ltd, trading as Selkirk Pty Ltd, applied to the Fair Work Commission for approval of the Selkirk Enterprise Agreement 2017. The application was made in the context of a dispute between the company and its employees over the terms and conditions of employment. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with assessing whether the agreement met the requirements for approval under the legislation.

The primary legal issues before the Commission were whether the agreement provided for the employees' pay and conditions, and whether it complied with the Fair Work Act's provisions regarding the avoidance of undue hardship. The Commission needed to determine if the agreement was a "better off overall test" agreement and whether it was made in good faith and without coercion.

The Commission found that the Selkirk Enterprise Agreement 2017 met the necessary criteria for approval. It was determined that the agreement provided for the employees' pay and conditions and that it did not result in undue hardship for the employees or the company. Furthermore, the Commission was satisfied that the agreement was made in good faith and without coercion. Based on these findings, the Commission approved the agreement.

In light of the approval, the Fair Work Commission made orders confirming the Selkirk Enterprise Agreement 2017 as a valid and binding enterprise agreement under the Fair Work Act. The agreement was to apply to the employees of Selkirk Pty Ltd from the date of approval and would remain in effect until superseded by a new agreement or until terminated in accordance with the Act.

Selkirk Pty Ltd T/A Selkirk 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