DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shusai Pty Ltd
(AG2019/4777)

SHUSAI PTY. LTD. ENTERPRISE AGREEMENT 2019

Security services
COMMISSIONER YILMAZ	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Shusai Pty. Ltd. Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Shusai Pty. Ltd. Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shusai 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 28 February 2020. The nominal expiry date of the Agreement is 1 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this case were Shusai Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the approval of the Shusai Pty Ltd Enterprise Agreement 2019. This matter was brought before the Fair Work Commission. The central legal issues were whether the agreement complied with the requirements of the Fair Work Act 2009 and if the process for its negotiation and approval was fair and lawful.

The Commission examined the negotiation process to ensure it was conducted in good faith and that there was no undue influence or coercion. The court also considered if the agreement contained all the mandatory terms required by the Fair Work Act. The agreement's provisions were scrutinized to determine if they provided fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment conditions. The court also assessed if the agreement adhered to the procedural fairness standards set by the Fair Work Act.

In its decision, the Commission found that the negotiation process was conducted in good faith and that there was no evidence of undue influence or coercion. The court determined that the agreement contained all the mandatory terms required by the Fair Work Act and that the provisions were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate wages, hours of work, and other employment conditions. The court concluded that the agreement was compliant with the Fair Work Act and approved the Shusai Pty Ltd Enterprise Agreement 2019.

Shusai 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