DECISION

Fair Work Act 2009
s.185—Enterprise agreement

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

SXO CUSTODIAL ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the SXO Custodial Enterprise Agreement 2016.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. 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.

[4] The Agreement was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sodexo Australia Pty Ltd T/A Sodexo Australia applied to the Fair Work Commission for approval of the SXO Custodial Enterprise Agreement 2016. The applicant, a company operating in the custodial services sector, sought to have the agreement, which was negotiated with the union representing custodial employees, recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for registration, particularly concerning the representation of the employees and the negotiation process.

The court had to determine whether the agreement was genuinely negotiated by the applicant and the union, and whether it was fairly representing the interests of the employees. Additionally, the court had to examine whether the agreement contained all the mandatory terms required by the Fair Work Act and if it complied with the provisions concerning the negotiation and registration of enterprise agreements. The court also needed to assess whether the agreement was consistent with the principles of procedural fairness and good faith bargaining.

In delivering its decision, the court found that the agreement was genuinely negotiated and represented the interests of the employees. The court concluded that the agreement contained all the mandatory terms required by the Fair Work Act and that it complied with the provisions concerning the negotiation and registration of enterprise agreements. The court also determined that the agreement was consistent with the principles of procedural fairness and good faith bargaining. Consequently, the court approved the agreement and directed that it be registered under the Fair Work Act.

The final orders of the court included the approval and registration of the SXO Custodial Enterprise Agreement 2016, effective from the date of the decision. The court's decision provided clarity on the requirements for the approval and registration of enterprise agreements, reinforcing the importance of genuine negotiation and fair representation in the industrial relations context.

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