SIAG Pty Ltd

[2013] FWCA 1165

FAIR WORK COMMISSION

DECISION

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

SIAG Pty Ltd
(AG2013/4785)

BUNDOORA ENDOSCOPY SUPPORT SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 20 FEBRUARY 2013

Application for approval of the Bundoora Endoscopy Support Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bundoora Endoscopy Support Services Enterprise Agreement 2013 (“the Agreement”). The application has been made by SIAG Pty Ltd, employer bargaining representative, on behalf of Bundoora Endoscopy Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. Bundoora Endoscopy Pty Ltd has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Although their views were sought, none of the employee bargaining representatives expressed any views concerning the undertakings.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 March 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SIAG Pty Ltd, an employer, sought approval of the Bundoora Endoscopy Support Services Enterprise Agreement 2013 from the Fair Work Commission. The applicant argued that the agreement was appropriate for its employees, who were predominantly support staff at a hospital, and met the statutory requirements. The application came before the Fair Work Commission, which was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval. This involved examining the agreement's compliance with provisions such as those relating to the agreement's coverage, the process for reaching the agreement, and the content of the agreement itself. The Commission had to ensure that the agreement was made in good faith and provided for the terms and conditions of employment of the employees.

The Fair Work Commission found that the agreement complied with the statutory requirements. It noted that the agreement was made in good faith and provided for the terms and conditions of employment of the employees. The Commission also found that the process for reaching the agreement was appropriate and that the content of the agreement was reasonable. The Commission was satisfied that the agreement met all the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Bundoora Endoscopy Support Services Enterprise Agreement 2013, effective from the date of the Commission's decision. The approval ensured that the agreement would be a registered agreement under the Fair Work Act 2009, providing legal certainty for the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established