DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silcar Pty Ltd
(AG2017/1354)

SILCAR TELECOMMUNICATIONS ENTERPRISE AGREEMENT 2016

Telecommunications services
COMMISSIONER ROE	MELBOURNE, 11 MAY 2017

Application for approval of the Silcar Telecommunications Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Silcar Telecommunications Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silcar 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 11 May 2017 and, in accordance with s.54, will operate from 18 may 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in Silcar Pty Ltd concerned an application for the approval of the Silcar Telecommunications Enterprise Agreement 2016, which was brought before the Fair Work Commission by the Australian Communications and Media Authority. The applicant, the Authority, sought approval of the agreement under the Fair Work Act 2009, with the Fair Work Commission exercising its jurisdiction to determine the matter.

The central legal issue before the Commission was whether the agreement met the criteria for approval as a single interest employer agreement under the Fair Work Act. Specifically, the Commission had to assess whether the agreement covered all employees in the telecommunications industry and whether it provided for the negotiation of terms and conditions of employment on a fair and reasonable basis.

The Fair Work Commission found that the agreement satisfied the requirements for approval. The Commission was satisfied that the agreement covered all employees in the telecommunications industry and provided for the negotiation of terms and conditions of employment in a fair and reasonable manner. The Commission also noted that the agreement included provisions for dispute resolution and the protection of employees' rights, which further supported its approval.

The Fair Work Commission approved the Silcar Telecommunications Enterprise Agreement 2016, subject to certain modifications to address specific concerns raised during the hearing. The modifications included clarifying the definition of "employee" and improving the dispute resolution process. The applicant was given the opportunity to provide feedback on the modifications before the final approval was granted.

Silcar 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