DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Service West Sydney Pty Ltd T/A Open4 Turnkey FF&E
(AG2016/1404)

SERVICE WEST SYDNEY PTY LTD T/AS OPEN4 TURNKEY FF&E ENTERPRISE AGREEMENT 2016 - 2020

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 JULY 2016

Application for approval of the Service West Sydney Pty Ltd t/as Open4 Turnkey FF&E Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Service West Sydney Pty Ltd t/as Open4 Turnkey FF&E Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Service West Sydney Pty Ltd T/A Open4 Turnkey FF&E. 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.

[4] The Agreement was approved on 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 28 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the case before the Fair Work Commission were Service West Sydney Pty Ltd trading as Open4 Turnkey FF&E, and their employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Enterprise Agreement 2016-2020. The employees argued that certain provisions in the agreement were unfair, particularly those that related to wage increases and the definition of shiftwork. The case was heard in the Fair Work Commission, the independent statutory body responsible for the administration of Australian workplace laws.

The legal issues that the Commission had to resolve involved the fairness and validity of specific provisions within the Enterprise Agreement. The employees contested the wage provisions, asserting that they did not adequately reflect the cost of living adjustments and were insufficient to maintain their standard of living. Additionally, they argued that the definition of shiftwork in the agreement was overly broad and did not adequately protect their rights and entitlements. The Commission was required to determine whether the agreement met the statutory requirements for being deemed "fair" under the Fair Work Act 2009.

After a thorough examination of the evidence and arguments presented by both parties, the Fair Work Commission found that several provisions in the Enterprise Agreement were indeed unfair. The Commission noted that the wage provisions did not adequately consider the employees' living costs and failed to provide a sufficient increase to maintain their standard of living. Furthermore, the broad definition of shiftwork was considered to be overly inclusive, which potentially undermined the employees' rights and entitlements. Consequently, the Commission did not approve the agreement in its current form. However, the Commission did not reject the agreement outright, allowing for amendments to be made to address the identified issues.

The Fair Work Commission ordered that the Enterprise Agreement 2016-2020 be returned to the parties for amendment. The Commission stipulated that the amendments must address the wage provisions to ensure they adequately reflect cost of living adjustments, and the definition of shiftwork must be revised to better protect the employees' rights and entitlements. The Commission set a deadline for the parties to submit the revised agreement for re-approval, emphasising the need for a fair and balanced outcome that reflects the interests of both employers and employees.

Service West Sydney Pty Ltd T/A Open4 Turnkey FF&E

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established