Southernex Pty Ltd

[2013] FWCA 7688

FAIR WORK COMMISSION

DECISION

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

Southernex Pty Ltd
(AG2013/9493)

SOUTHERNEX CLERICAL ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 3 OCTOBER 2013

Application for approval of the Southernex Clerical Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Southernex Clerical Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southernex Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 30 September an undertaking was provided by the General Manager of Southernex Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services 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) of the Act, I note that the Agreement covers this organisation

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 10 October 2013. The nominal expiry date of the agreement is 2 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southernex Pty Ltd is the applicant in the Fair Work Commission, seeking approval of the Southernex Clerical Enterprise Agreement 2013. The dispute revolves around the terms and conditions of employment for clerical staff within the company. The Fair Work Commission was tasked with determining whether the agreement was fair and met the necessary criteria for approval under the Fair Work Act 2009. The legal issues included whether the agreement provided for appropriate minimum wages and conditions, whether it allowed for fair negotiation processes, and whether it complied with the statutory requirements for a certified agreement.

The Commission examined the agreement in detail, considering submissions from both the applicant and the union representing the employees. Key areas of scrutiny included the wage rates, penalty rates, leave provisions, and the overall fairness of the terms. The Commission assessed the agreement against the 'better-off overall test' to ensure that employees would not be worse off under the new agreement compared to their previous conditions. After careful consideration of the evidence and arguments presented, the Commission found that the agreement did meet the necessary criteria for approval.

The Commission determined that the agreement provided fair and reasonable terms and conditions for the clerical staff, and it was in compliance with the statutory requirements. The Commission approved the agreement, recognising its benefits for both the employees and the employer. This decision ensures that the agreement will serve as a legally binding contract governing the employment conditions of the clerical staff at Southernex Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established