DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Soudal Pty Ltd T/A Soudal
(AG2020/2620)

SOUDAL PTY LTD WAREHOUSE ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 9 OCTOBER 2020

Application for approval of the Soudal Pty Ltd Warehouse Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Soudal Pty Ltd Warehouse Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Soudal Pty Ltd T/A Soudal. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2020. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Soudal Pty Ltd, trading as Soudal, applied to the Fair Work Commission for approval of the Soudal Pty Ltd Warehouse Enterprise Agreement 2020. The applicant sought to have the agreement approved under the Fair Work Act 2009, with a view to it being applicable to its employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which the applicant claimed were fair and reasonable for its workforce.

The legal issues before the Commission included whether the proposed agreement met the criteria for being considered "appropriate" under the Fair Work Act. This involved examining whether the agreement provided for terms and conditions that were fair and reasonable, and whether it had been made in good faith. Additionally, the Commission considered whether the agreement complied with the requirements for "direct" and "indirect" bargaining, and whether it adhered to the principles of the National Employment Standards.

The Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. It found that the agreement provided for terms and conditions that were fair and reasonable, and that it had been made in good faith. The Commission also concluded that the agreement was compliant with the requirements for direct and indirect bargaining and adhered to the principles of the National Employment Standards. Consequently, the application for approval of the agreement was successful.

In light of its findings, the Fair Work Commission approved the Soudal Pty Ltd Warehouse Enterprise Agreement 2020, making it applicable to the employees of Soudal Pty Ltd. The approval is effective from the date of the Commission's decision and will remain in force until such time as it is terminated or replaced by a new agreement.

Soudal Pty Ltd T/A Soudal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established