DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sony DADC Australia Pty Limited
(AG2018/768)

SONY DADC AUSTRALIA PTY LIMITED DISTRIBUTION ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 MAY 2018

Application for approval of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sony DADC Australia Pty Limited. 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.

[4] The Australian Workers’ Union 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 is approved and, in accordance with s.54 of the Act, will operate from 30 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Sony DADC Australia Pty Limited, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement between Sony DADC Australia Pty Limited and its employees. The enterprise agreement in question pertained to the company's distribution operations and was put forward for endorsement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including the provision of fair and reasonable terms for employees, and whether it adhered to the statutory requirements of the Fair Work Act.

The legal issues before the FWC involved determining if the agreement contained unfair terms, whether it sufficiently provided for employee protections, and if it was negotiated fairly and in good faith. The FWC also considered whether the agreement adequately addressed the needs of both the employer and the employees, and if it complied with the statutory requirements and public interest considerations outlined in the Fair Work Act. The specific provisions of the agreement that were scrutinised included those related to remuneration, working conditions, dispute resolution mechanisms, and other employment terms.

The FWC concluded that the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2018 met the necessary standards for approval. The FWC found that the agreement provided fair and reasonable terms for employees, was negotiated in good faith, and complied with the statutory requirements of the Fair Work Act. The FWC also determined that the agreement was in the public interest and did not contain any unfair terms. Consequently, the FWC approved the enterprise agreement, enabling it to be registered with the Fair Work Commission and thereby enforceable under the Fair Work Act.

The final orders of the FWC included the approval and registration of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2018, effective from the date of the decision. This outcome allows the agreement to provide a binding framework for the employment relationship between Sony DADC Australia Pty Limited and its employees, ensuring that both parties' rights and obligations are clearly defined and protected.

Sony DADC Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established