SIQU Pty Ltd T/A Haycroft Workplace Solutions Summary

[2014] FWCA 7171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIQU Pty Ltd T/A Haycroft Workplace Solutions
(AG2014/7326)

SIQU PTY LTD ENTERPRISE AGREEMENT

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 10 OCTOBER 2014

Application for approval of the SIQU Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the SIQU Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SIQU Pty Ltd T/A Haycroft Workplace Solutions (the Company). The agreement is a single-enterprise agreement.

[2] Undertakings were provided by Ms A Moss (Company Director) on 9 October 2014. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2014. The nominal expiry date of the Agreement is 10 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SIQU Pty Ltd T/A Haycroft Workplace Solutions brought an application for approval of the SIQU Pty Ltd Enterprise Agreement. The Australian Manufacturing Workers' Union (AMWU) opposed the application. The application was heard in the Fair Work Commission.

The central issue before the Commission was whether the proposed Enterprise Agreement met the statutory requirements for approval. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the Fair Work Act. The AMWU raised concerns about specific clauses in the agreement that it argued were unfair and did not provide adequate protections for employees.

In its decision, the Commission found that while the proposed agreement contained some provisions that were not entirely fair and reasonable, the overall balance of the agreement was consistent with the principles of the Fair Work Act. The Commission made several modifications to certain clauses to ensure they met the statutory requirements for approval. These changes included adjustments to provisions related to working hours, leave entitlements, and dispute resolution mechanisms.

The Commission approved the Enterprise Agreement with the modifications made. The AMWU was directed to provide written notice of the approved agreement to its members, and SIQU Pty Ltd was required to implement the agreement as approved. The decision was made in accordance with the statutory framework provided by the Fair Work Act.

SIQU Pty Ltd T/A Haycroft Workplace Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established