DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sony DADC Australia Pty Limited
(AG2021/167)

SONY DADC AUSTRALIA PTY LIMITED DISTRIBUTION ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 FEBRUARY 2021

Application for approval of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 February 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sony DADC Australia Pty Limited applied to the Fair Work Commission for approval of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2021. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for certain employees of Sony DADC Australia Pty Limited, including matters such as wages, hours of work, and other employment-related conditions. The Commission was required to determine whether the agreement met the requirements for registration under the Act and whether it provided for the fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the procedural requirements for registration, and whether the agreement was in the best interests of the employees. The Commission considered the provisions of the agreement, the submissions made by the parties, and relevant legislative provisions. In particular, the Commission examined whether the agreement provided for adequate wages, reasonable hours of work, and other fair and reasonable employment conditions. The Commission also considered whether the agreement had been made in good faith and whether the parties had followed the necessary procedures for registration.

After considering the evidence and submissions, the Commission determined that the agreement met the requirements for registration under the Act and provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement provided for adequate wages and reasonable hours of work, and that it included provisions for other fair and reasonable employment conditions. The Commission also found that the agreement had been made in good faith and that the necessary procedures for registration had been followed. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2021, registering it under the Fair Work Act 2009. The registration is effective from the date of the Commission's decision and will apply to the employees covered by the agreement. The parties are bound by the terms of the agreement, which sets out the terms and conditions of employment for the relevant employees. The agreement will remain in force until it is varied or replaced by a new enterprise agreement.

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