DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sitzler Pty Ltd
(AG2016/3606)

SITZLER PTY LTD CERTIFIED AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 JULY 2016

Application for approval of the SITZLER Pty Ltd Certified Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the SITZLER Pty Ltd Certified Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sitzler 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 Agreement was approved on 5 July 2016 and, in accordance with s.54, will operate from 12 July 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sitzler Pty Ltd, applied to the Fair Work Commission for approval of the Sitzler Pty Ltd Certified Agreement 2016-2019. The agreement was negotiated between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and sought to regulate the terms and conditions of employment for employees in the carpentry trade. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009 (Cth), which allows for the registration of agreements that meet certain criteria.

The primary legal issue before the Commission was whether the agreement met the requirements for registration under section 233 of the Act. The Commission needed to consider whether the agreement had been made in good faith, whether it contained appropriate dispute resolution mechanisms, and whether it provided for appropriate protections for employees. The Commission also needed to consider whether the agreement met the requirements for a certified agreement under section 173 of the Act, including whether it was free from any prohibited content.

The Commission found that the agreement met the requirements for registration under section 233 of the Act. The Commission found that the agreement had been made in good faith and contained appropriate dispute resolution mechanisms. The Commission also found that the agreement provided for appropriate protections for employees, including provisions for minimum wages and conditions, and provisions for redundancy and termination of employment. The Commission found that the agreement met the requirements for a certified agreement under section 173 of the Act and did not contain any prohibited content.

The Commission approved the Sitzler Pty Ltd Certified Agreement 2016-2019. The agreement is now registered and binding on all employees covered by the agreement, as well as the applicant and the CFMEU. The agreement will remain in force until it is replaced by a new agreement or until it is terminated in accordance with the provisions of the Fair Work Act 2009 (Cth).

Sitzler 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