DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Site Safe (Vic) Pty Ltd
(AG2015/6818)

SITE SAFE (VIC) PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Site Safe (VIC) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Site Safe (VIC) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Site Safe (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 22 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Site Safe (Vic) Pty Ltd applied for approval of the Site Safe (VIC) Pty Ltd Enterprise Agreement 2015. This enterprise agreement was the result of negotiations between Site Safe and a union representing its employees. The application for approval was opposed by the Australian Building and Construction Commission (ABCC) on the basis that certain provisions of the agreement were inconsistent with the Fair Work Act 2009. The dispute centred on whether the agreement contained terms that adequately protected employees' rights and interests, particularly in relation to pay rates, working conditions, and dispute resolution mechanisms.

The primary legal issues for the Commission to consider were whether the agreement provided for fair and reasonable terms, and whether it complied with the requirements of the Fair Work Act. The ABCC argued that the agreement failed to adequately protect employees from below-award pay rates, lacked sufficient mechanisms for resolving disputes, and did not ensure fair treatment of employees in certain circumstances. Site Safe contended that the agreement was fair and reasonable, providing appropriate protections and benefits for employees, and complied with all statutory requirements.

In assessing the application, the Commission considered the provisions of the Fair Work Act, the principles of good faith bargaining, and relevant precedents. The Commission noted that the agreement provided for a fair and reasonable set of terms, including appropriate pay rates and conditions, and included mechanisms for resolving disputes. The Commission also found that the agreement contained adequate protections for employees, including provisions for equal treatment and the right to be free from discrimination. Consequently, the Commission approved the Site Safe (VIC) Pty Ltd Enterprise Agreement 2015, finding that it met the statutory requirements for approval under the Fair Work Act.

Site Safe (Vic) 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