Sicame Australia Pty Ltd

[2014] FWCA 4360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sicame Australia Pty Ltd
(AG2014/1518)

SICAME AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2013/2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2014

Application for approval of the Sicame Australia Pty Limited Enterprise Agreement 2013/2016.

[1] An application has been made for approval of an enterprise agreement known as the Sicame Australia Pty Limited Enterprise Agreement 2013/2016 (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] 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 9 July 2014. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sicame Australia Pty Ltd sought approval of an Enterprise Agreement 2013/2016 under the Fair Work Act 2009. The application was made to the Fair Work Commission. The dispute involved the terms and conditions of employment for employees under the proposed agreement and the process of its approval. The legal issues centred around whether the agreement met the statutory requirements for direct application, and whether the Commission had the authority to approve the agreement despite objections from some employees and the union.

The Commission examined the application and the objections raised. It considered the requirements for direct application, which include ensuring the agreement does not adversely affect the employees' terms and conditions, and the process of approval under the Fair Work Act. The Commission determined that the agreement did not adversely affect employees' terms and conditions and found that the approval process had been conducted fairly and in accordance with the Act. The objections raised by some employees and the union were not deemed sufficient to prevent the agreement's approval.

Accordingly, the Commission approved the Enterprise Agreement 2013/2016, finding it met the statutory requirements for direct application. The approval was made on the basis that the agreement was in the best interests of the employees involved and complied with the relevant provisions of the Fair Work Act. The court found that the Commission had jurisdiction to make the approval and that the approval was valid. The objections were dismissed, and the agreement was approved as applied by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established