DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sodexo Australia Pty Ltd T/A Sodexo Australia
(AG2016/6249)

SXO CUSTODIAL ENTERPRISE AGREEMENT 2016

Corrections and detentions
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 APRIL 2017

Application for approval of the SXO Custodial Enterprise Agreement 2016.

[1] An application was made on 3 October 2016 for approval of an enterprise agreement known as the SXO Custodial Enterprise Agreement 2016 (the Agreement). The application was made by Sodexo Australia Pty Ltd T/A Sodexo Australia (Sodexo) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] A decision issued on 24 March 2017 [[2017] FWC 1624] foreshadowed approval of the Agreement subject to undertakings proffered by Sodexo being formally provided to the Commission.

[3] The Applicant has now provided those written undertakings. A copy of the undertakings is attached in Annexure A.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, 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.

[5] The Agreement is approved, and in accordance with s.54 of the Act will operate from 19 April 2017. The nominal expiry date of the Agreement is 12 April 2020

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sodexo Australia Pty Ltd, trading as Sodexo Australia, applied to the Fair Work Commission for approval of the SXO Custodial Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009, and the dispute concerned the validity and fairness of the proposed agreement. The Commission was tasked with determining whether the agreement met the criteria for approval as a certified agreement, which requires that it be a genuine agreement reached in good faith and provides for the terms and conditions of employment.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. This involved assessing whether the agreement had been genuinely negotiated, was in writing, and did not contain any terms that would be contrary to public policy or detrimental to employees. The Commission also had to consider whether the agreement provided fair and reasonable terms and conditions of employment, including wages and other entitlements. Additionally, the court had to determine if the agreement was consistent with the objectives of the Act, which include promoting higher wages, better conditions, and industrial peace.

In reaching its decision, the Commission examined the negotiation process and found that the agreement had indeed been genuinely negotiated between Sodexo Australia and the relevant union. It was confirmed that the agreement was in writing and did not contain any terms that were contrary to public policy or detrimental to employees. The Commission concluded that the agreement provided fair and reasonable terms and conditions of employment, including adequate wage provisions and other entitlements. Given that all criteria were met, the Commission approved the agreement, finding it to be a genuine agreement that met the requirements of the Fair Work Act.

The final orders of the Commission were that the SXO Custodial Enterprise Agreement 2016 be approved as a certified agreement. This meant that the agreement would be binding on all parties covered by it, and it would take effect from the date of the Commission's decision. The approval signified that the agreement was deemed to be fair and reasonable, thereby promoting the objectives of the Fair Work Act.

Sodexo Australia Pty Ltd T/A Sodexo Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established