DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sony DADC Australia Pty Limited T/A Sony DADC Australia Pty Limited
(AG2017/451)

SONY DADC AUSTRALIA PTY LIMITED - AWU - HUNTINGWOOD SITE (MANUFACTURING) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2017

Application for approval of the Sony DADC Australia Pty Limited - AWU - Huntingwood Site (Manufacturing) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sony DADC Australia Pty Limited - AWU - Huntingwood Site (Manufacturing) 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 Sony DADC Australia Pty Limited T/A 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 10 April 2017. The nominal expiry date of the Agreement is 29 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sony DADC Australia Pty Limited, trading as Sony DADC Australia, applied for approval of their enterprise agreement with the Australian Workers Union (AWU) for the Huntingwood Site (Manufacturing) under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which exercises jurisdiction over such matters. The primary dispute was whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for employees, and whether it complied with the good faith bargaining requirements.

The legal issues before the Commission centred on the interpretation and application of the statutory provisions of the Fair Work Act, particularly sections concerning the approval of enterprise agreements. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, if it included the necessary minimum entitlements, and if it was genuinely bargained in good faith. Additionally, the Commission considered whether the agreement adequately addressed the needs of all parties involved, including the employees and the employer.

In its decision, the Fair Work Commission found that the Sony DADC Australia Pty Limited - AWU - Huntingwood Site (Manufacturing) Enterprise Agreement 2016 met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, included the necessary minimum entitlements, and was the product of genuine and good faith bargaining. The Commission also noted that the agreement addressed the needs of both the employees and the employer appropriately. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final orders included the approval of the enterprise agreement, with specific conditions ensuring compliance with the Fair Work Act. The agreement was to be registered and enforceable under the Fair Work Act, and both parties were bound by its terms and conditions.

Sony DADC Australia Pty Limited T/A 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