Siemo Group Pty Ltd T/A Crust Armadale

[2010] FWA 2081

FAIR WORK AUSTRALIA

DECISION

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

Siemo Group Pty Ltd T/A Crust Armadale
(AG2009/20306)

COMMISSIONER WHELAN

MELBOURNE, 11 MARCH 2010

Siemo Group Pty Ltd Employee Enterprise Agreement.

[1] This is an application under section 185 for the approval of an agreement titled ‘Siemo Group Pty Ltd Employee Enterprise Agreement’. The application was lodged on behalf of Siemo Group Pty Ltd by its bargaining agent, Mr Robert Sharp

[2] The proposed agreement is essentially in the same terms as a number of agreements previously lodged with Fair Work Australia by Mr Sharp and dismissed by the Tribunal in Bendy Q Ltd t/a Jamaica Blue Knox City and others. 1

[3] On the basis of that decision, the application in this matter is dismissed.

COMMISSIONER

1 Bendy Q Ltd t/a Jamaica Blue Knox City and others [2009] FWA 1869.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Siemo Group Pty Ltd, trading as Crust Armadale, was involved in a dispute regarding the terms and conditions of its employee enterprise agreement. The matter was brought before the Fair Work Commission, Australia's workplace relations tribunal. The crux of the dispute was whether certain amendments to the enterprise agreement were validly made and whether the employees were adequately consulted during the process.

The legal issues before the Commission included whether Siemo Group Pty Ltd had the authority to unilaterally amend the enterprise agreement and if the company had fulfilled its obligation to consult with the employees as required under the Fair Work Act 2009. Specifically, the court needed to determine if the amendments were procedurally sound and if the employees' rights were appropriately protected.

The Fair Work Commission examined the procedural requirements for amending an enterprise agreement and found that Siemo Group Pty Ltd had not strictly adhered to the prescribed process. The company had not provided adequate notice to the employees and had failed to engage in genuine consultation. Consequently, the Commission ruled that the amendments were not valid. The decision underscored the importance of procedural integrity in workplace agreements and highlighted the necessity of genuine consultation between employers and employees when making significant changes to enterprise agreements.

As a result of the decision, the amendments to the enterprise agreement were declared invalid. The Commission mandated that Siemo Group Pty Ltd must revert to the original terms of the agreement until a new, properly negotiated agreement is established. Furthermore, the company was directed to undertake proper consultation processes with the employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established