DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sicame Australia Pty Ltd
(AG2016/4636)

SICAME AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016/2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2016

Application for approval of the SICAME AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016/2019.

[1] An application has been made for approval of an enterprise agreement known as the SICAME AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016/2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sicame Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sicame Australia Pty Ltd, an employer, and the Building, Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), a union, were before the Fair Work Commission in an application for approval of the 2016/2019 Enterprise Agreement. The dispute centred on the fairness of the agreement's terms, particularly those concerning pay rates, conditions, and procedural fairness during the negotiation process. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms, and if the process followed was procedurally fair. The union raised concerns about the negotiation process, alleging that the employer did not engage in good faith bargaining. The employer, on the other hand, argued that the agreement was the result of genuine negotiations and that the terms were fair and reasonable.

In its decision, the Commission examined the evidence provided by both parties, including witness statements and documentary evidence. The Commission found that while there were issues with the negotiation process, the agreement itself contained fair and reasonable terms that met the statutory requirements. The Commission also found that the employer's conduct did not amount to a failure to bargain in good faith. As a result, the Commission approved the 2016/2019 Enterprise Agreement, subject to certain minor modifications.

The Fair Work Commission approved the 2016/2019 Enterprise Agreement between Sicame Australia Pty Ltd and the CFMMEU, with minor modifications. The Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms, despite issues with the negotiation process. The Commission's decision is final and binding on both parties.

Sicame Australia 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