Signify Australia Limited

[2024] FWCA 2472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Signify Australia Limited

(AG2024/2292)

SIGNIFY AUSTRALIA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 10 JULY 2024

Application for approval of the Signify Australia Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Signify Australia Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Signify Australia Limited (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 28 June 2024.

On 3 July 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 3 July 2024. The undertaking deals with the following topic:

· Despite Clause 3.2(a), the Agreement will only apply to employees engaged at 96-112 Gow Street, Padstow, New South Wales and 77 Truganina Road, Malaga, Western Australia.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Signify Australia Limited applied to the Fair Work Commission for the approval of the Signify Australia Enterprise Agreement 2024. The application was made by the employer, Signify Australia Limited, and the relevant unions. The dispute centred on the terms and conditions of employment as set out in the proposed enterprise agreement, including aspects such as wages, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the proper and efficient management of the employer's business, the protection of employees' rights and interests, and whether it had been fairly negotiated. The Commission also needed to determine if the agreement complied with the applicable provisions of the National Employment Standards and if it contained any terms that were contrary to public policy.

In reaching its decision, the Commission considered the evidence presented by both the employer and the unions, as well as the applicable statutory provisions. The Commission found that the proposed agreement met the criteria for approval and was in the best interests of the employees and the employer. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith. The Commission was satisfied that the agreement would facilitate the efficient management of the employer's business and protect the rights and interests of the employees. The Commission approved the Signify Australia Enterprise Agreement 2024.

The final orders of the Commission were that the Signify Australia Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of registration. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to the employer, the unions, and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established