Silliker Australia Pty Ltd

[2013] FWCA 7928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silliker Australia Pty Ltd
(AG2013/8036)

SILLIKER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Silliker Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Silliker Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silliker 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 October 2013 and, in accordance with s.54, will operate from 16 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Silliker Australia Pty Ltd, the employer, applied for the approval of the Silliker Australia Pty Ltd Enterprise Agreement 2013 before the Fair Work Commission. The applicant argued that the agreement contained fair and reasonable terms and conditions of employment, while the employees claimed that the agreement did not provide adequate protection of their rights and entitlements. The case was heard by the Commission, which had to determine whether the agreement met the legal criteria for approval.

The primary legal issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment, and if it had been made in accordance with the relevant procedural requirements. The Commission also needed to consider if the agreement provided for adequate protections for employees, such as minimum wages, leave entitlements, and dispute resolution mechanisms.

The Commission found that the agreement contained fair and reasonable terms and conditions of employment, and that it had been made in accordance with the relevant procedural requirements. The Commission was satisfied that the agreement provided for adequate protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement had been made in good faith, and that there was no evidence of any coercion or undue influence. As a result, the Commission approved the Silliker Australia Pty Ltd Enterprise Agreement 2013.

The Fair Work Commission approved the Silliker Australia Pty Ltd Enterprise Agreement 2013, finding that it contained fair and reasonable terms and conditions of employment, and that it had been made in accordance with the relevant procedural requirements. The Commission was satisfied that the agreement provided for adequate protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission's decision is a reminder of the importance of ensuring that enterprise agreements meet the legal criteria for approval, and that they provide fair and reasonable terms and conditions of employment for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established