DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SMS Innovative Labour Pty Ltd
(AG2015/2427)

SMS INNOVATIVE LABOUR PTY LTD ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2015

Application for approval of the SMS Innovative Labour Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SMS Innovative Labour 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 SMS Innovative Labour 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.

[3] 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.

[4] The Agreement was approved on 22 April 2015 and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 21 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SMS Innovative Labour Pty Ltd was the applicant seeking approval of the Enterprise Agreement 2015. The dispute involved the terms of the agreement and whether it met the requirements for approval under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issues before the court were whether the agreement complied with the procedural requirements for approval, whether the agreement met the "better off overall test" and whether there were any issues of unfair discrimination or other unfair terms in the agreement. The court needed to determine whether the agreement was fair and reasonable and whether it had been properly negotiated.

The court considered the arguments presented by both parties and examined the terms of the agreement. The court found that the agreement was procedurally sound and had been properly negotiated. The court also found that the agreement met the better off overall test, meaning that the employees were not worse off and were likely to be better off overall under the agreement. The court further found that there were no unfair terms or discrimination in the agreement. Consequently, the court approved the Enterprise Agreement 2015.

The final orders of the court included the approval of the Enterprise Agreement 2015, with the agreement to be registered with the Fair Work Commission. The court's decision was binding and enforceable under the Fair Work Act 2009.

SMS Innovative Labour 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