DECISION

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

Sony DADC Australia Pty Limited T/A Sony DADC Australia Pty Limited
(AG2015/1705)

SONY DADC AUSTRALIA PTY LIMITED DISTRIBUTION ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	SYDNEY, 5 FEBRUARY 2015

Application for approval of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2015 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 30 January 2015. On 3 February 2015 I received a signed undertaking in response to the queries from Joan Jreit, HR Manager. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The Australian Workers’ Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[7] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Sony DADC Australia Pty Limited, trading as Sony DADC Australia Pty Limited, brought an application before the Fair Work Commission (FWC) for the approval of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2015. The application arose under the Fair Work Act 2009, specifically targeting the approval of an enterprise agreement that would set the terms and conditions of employment for the employees of Sony DADC Australia. The dispute centred on whether the agreement complied with the legal requirements for registration and whether it met the criteria for being a genuine enterprise agreement that facilitated the resolution of workplace issues.

The primary legal issues before the FWC involved determining if the agreement was genuinely negotiated between the employer and the employees, if it contained the necessary minimum terms and conditions as stipulated by the Act, and if it was fair and reasonable in all its aspects. The FWC needed to ensure that the agreement did not include any provisions that would undermine the employees' rights or lead to adverse economic consequences for them. The employer was required to demonstrate that the agreement was the product of genuine bargaining and not coerced or unfairly influenced.

Upon examination, the FWC found that the agreement was the result of genuine negotiations between the parties. It contained all the required minimum terms and conditions and did not include any provisions that would be unfair or unreasonable. The FWC was satisfied that the agreement was fair and balanced, taking into account the economic context and the interests of both the employer and the employees. Consequently, the FWC approved the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2015 as compliant with the legislative requirements.

The FWC's final order was the approval of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2015, which would now serve as the binding contract between Sony DADC Australia and its employees, setting out the terms and conditions of their employment. The approval marked the resolution of the application and validated the agreement's compliance with the statutory framework.

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