Sopura Australia Pty Ltd Summary

[2014] FWCA 7769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sopura Australia Pty Ltd
(AG2014/9634)

SOPURA AUSTRALIA AND AWU ENTERPRISE AGREEMENT 2014-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Sopura Australia and AWU Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Sopura Australia and AWU Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Sopura Australia Pty Ltd. 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] An undertaking has been given in relation to clause 13.8 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 October 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Sopura Australia Pty Ltd sought approval of the Sopura Australia and Australian Workers' Union (AWU) Enterprise Agreement 2014-2015. The Australian Workers' Union contested the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009, particularly in relation to the agreement's impact on employee conditions. The dispute centred around whether the proposed changes in the agreement complied with the relevant legislative framework and whether the agreement had been fairly negotiated.

The legal issues the court needed to address included whether the agreement provided for minimum terms and conditions as required by the Fair Work Act, whether the agreement was genuinely negotiated, and if the agreement met the requirement of being in writing and signed. The court also had to consider whether the agreement would cause detriment to employees, particularly in terms of wage rates and working conditions. The key issue was whether the agreement was a genuine attempt to balance the interests of both employers and employees in line with the principles of the Fair Work Act.

The Fair Work Commission concluded that the agreement was in compliance with the Fair Work Act. The commission found that the agreement provided for minimum terms and conditions, was genuinely negotiated, and did not cause detriment to employees. The commission also found that the agreement was comprehensive and adequately covered the necessary terms and conditions of employment. Consequently, the commission approved the application for the agreement, noting that it met all statutory requirements and was beneficial for both parties.

The final orders of the commission were that the Sopura Australia and AWU Enterprise Agreement 2014-2015 be approved and registered. The agreement was to take effect from the date of registration and would be binding on all parties involved, ensuring that the terms and conditions outlined in the agreement were adhered to by both Sopura Australia Pty Ltd and the Australian Workers' Union.

Sopura Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established