DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simtech Group Pty Ltd
(AG2015/5244)

SIMTEC GROUP PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Simtech Group Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Simtech Group Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Simtech Group 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 26 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Simtech Group Pty Ltd, the applicant, sought approval for the Simtech Group Pty Ltd Enterprise Agreement 2015-2019 from the Fair Work Commission. The dispute arose from a disagreement between the applicant and the Australian Manufacturing Workers' Union, the respondent, regarding the terms of the proposed agreement. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, specifically sections 233 and 234, which require that enterprise agreements must be in writing and must not have an adverse financial impact on employees. The Commission also needed to assess whether the agreement met the requirements of good faith bargaining and whether it was consistent with the national workplace relations system.

The Commission found that the agreement did not meet the criteria for approval under the Fair Work Act. It was determined that the agreement had an adverse financial impact on employees, as it proposed a reduction in wages for some employees and did not provide sufficient protections against adverse action. The Commission also found that the agreement did not reflect the outcome of good faith bargaining, as the parties had not reached a consensus on key issues. As a result, the Commission refused to approve the agreement.

The Commission's decision was based on a thorough analysis of the agreement's provisions and the evidence presented by both parties. The Commission found that the proposed changes to the employees' terms and conditions were not justified and that the agreement did not provide adequate protections for employees. The Commission also noted that the agreement did not reflect a genuine attempt at good faith bargaining, as the parties had not been able to reach an agreement on key issues. The Commission's decision was final and binding, and the agreement was not approved.

Simtech Group 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