Setori Engineering Summary

[2013] FWCA 3266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Setori Engineering
(AG2013/5702)

SETORI GROUP OF COMPANIES ENTERPRISE AGREEMENT 2013.

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 17 MAY 2013

Application for approval of the Setori Group of Companies Enterprise Agreement 2013.

[1] An application has been made for approval of an Enterprise Agreement known as the Setori Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Setori Group of Companies (Setori). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Mark Setori on 20 March 2013, an employee of Setori.

[3] On reading the terms of the Agreement I became concerned that the terms of the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised the Applicant of those concerns.

[4] The Applicant has provided written Undertakings. A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act to be accepted and that the Agreement, together with the Undertakings, will result in each employee whose employment is covered by the Agreement to be better off overall than if the employed under the Mining Industry Award 2010, the reference instrument for the better off overall test as prescribed by s.193 of the Act.

[5] Subject to the Undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from the first full pay period to commence on or after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Setori Group of Companies Enterprise Agreement 2013. The applicant was the Setori Group of Companies, while the respondents were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and several employee representatives. The dispute centred on the fairness and validity of the proposed enterprise agreement, particularly regarding its terms and conditions for employees within the Setori Group of Companies.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 for being a "better off overall" agreement, the adequacy of the consultation process, and whether the agreement was made in good faith. The Commission also considered whether the agreement provided for appropriate protections and entitlements for the employees. Additionally, the court examined the procedural fairness of the bargaining process and whether there were any breaches of the relevant industrial relations laws.

The Commission found that the Setori Group of Companies had met the requirements for a "better off overall" agreement. It determined that the agreement was fair and reasonable, providing for appropriate protections and entitlements for the employees. The Commission was satisfied with the consultation process and the good faith efforts of both parties in reaching the agreement. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or that breached any industrial relations laws. As such, the application for approval of the enterprise agreement was granted.

The Commission ordered the approval of the Setori Group of Companies Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of the Setori Group of Companies as specified in the agreement. The Commission's decision provided certainty and legal validity to the enterprise agreement, ensuring that the terms and conditions set out therein would be enforceable under the Fair Work Act 2009.

Setori Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established