Sony DADC Australia Pty Limited Summary

[2013] FWCA 314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sony DADC Australia Pty Limited
(AG2012/14399)

SONY DADC AUSTRALIA PTY LIMITED DISTRIBUTION ENTERPRISE AGREEMENT 2012/2013

Storage services
COMMISSIONER ROBERTS	SYDNEY, 15 JANUARY 2013

Application for approval of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2012/2013.

[1] An application has been made for approval of an enterprise agreement known as the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2012/2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sony DADC Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The National Union of Workers, New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2013. The nominal expiry date of the Agreement is 14 January 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Sony DADC Australia Pty Limited sought approval for its Distribution Enterprise Agreement 2012/2013. The primary dispute centred on the terms of the agreement, particularly regarding the classification of employees and their entitlements. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission involved assessing if the agreement adequately covered all employees, ensured fair and reasonable terms, and complied with the procedural requirements. The Commission also needed to consider whether the agreement's provisions were consistent with the objectives of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Furthermore, the Commission examined if the agreement's provisions provided for adequate consultation and negotiation processes.

The Fair Work Commission found that the agreement met the necessary standards and was consistent with the legislative objectives. The Commission confirmed that the agreement provided for appropriate classification of employees, their entitlements, and consultation processes. It determined that the agreement's provisions were fair and reasonable, and it was in the best interests of the employees. Therefore, the Commission approved the Distribution Enterprise Agreement 2012/2013.

The Commission's decision was based on the detailed examination of the agreement's provisions, the parties' submissions, and the overall fairness and reasonableness of the terms. The Commission concluded that the agreement met all the necessary requirements and was in line with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Consequently, the Commission approved the agreement, ensuring that the terms would be binding for the relevant period.

Sony DADC Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established