Sony DADC Australia Pty Limited T/A Sony DADC Australia Pty Limited Summary

[2013] FWCA 5098

FAIR WORK COMMISSION

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
(AG2013/7453)

SONY DADC AUSTRALIA PTY LIMITED - AWU - HUNTINGWOOD SITE (MANUFACTURING) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 JULY 2013

Application for approval of the Sony DADC Australia Pty Limited - AWU - Huntingwood Site (Manufacturing) Enterprise Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 2 August 2013. The nominal expiry date of the Agreement is 30 June 2016

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sony DADC Australia Pty Limited T/A Sony DADC Australia Pty Limited applied to the Fair Work Commission for the approval of the Sony DADC Australia Pty Limited - AWU - Huntingwood Site (Manufacturing) Enterprise Agreement 2013. The Australian Workers' Union was the other party to the agreement. The dispute centred around the terms and conditions of employment for workers at the Sony DADC Australia Pty Limited Huntingwood manufacturing site. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia.

The legal issues before the commission included whether the agreement met the statutory requirements for approval, including whether it provided for a fair and reasonable system of classifying employees and determining their rates of pay and conditions of employment. The commission also considered whether the agreement provided for a system for resolving disputes between the parties and whether it contained adequate protections for employees, such as provisions for redundancy and termination. Additionally, the commission examined whether the agreement was negotiated in good faith and whether it complied with other relevant provisions of the Fair Work Act 2009.

In reaching its decision, the commission considered the evidence and submissions provided by both parties, as well as relevant legal principles and precedent. The commission found that the agreement met the statutory requirements for approval and was fair and reasonable in its terms and conditions of employment. The commission also found that the agreement provided for an effective system for resolving disputes and contained adequate protections for employees. The commission was satisfied that the agreement was negotiated in good faith and complied with all relevant provisions of the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Sony DADC Australia Pty Limited - AWU - Huntingwood Site (Manufacturing) Enterprise Agreement 2013, subject to certain minor modifications. The modifications related to the classification of certain employees and the calculation of overtime rates. The commission considered these modifications necessary to ensure that the agreement complied with the Fair Work Act 2009 and provided for a fair and reasonable system of employment.

Sony DADC Australia Pty Limited T/A 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