DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SouthLink Pty Ltd
(AG2016/5830)

SOUTHLINK MAINTENANCE 2016 ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the SouthLink Maintenance 2016 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the SouthLink Maintenance 2016 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SouthLink Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 20 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SouthLink Pty Ltd sought approval for the SouthLink Maintenance 2016 Enterprise Agreement from the Fair Work Commission. The applicants argued that the agreement was necessary to address issues such as wage rates, working conditions, and dispute resolution mechanisms within their maintenance workforce. The respondents, who were employees of SouthLink, contested the approval, claiming that the agreement did not adequately address their concerns regarding overtime pay and job security.

The legal issues before the court involved determining whether the agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the protection of employees' rights and the promotion of workplace harmony. The court had to assess whether the agreement was genuinely negotiated, whether it contained appropriate mechanisms for resolving disputes, and whether it provided fair and reasonable terms and conditions for the employees. Additionally, the court needed to ensure that the agreement did not adversely affect employees' rights to be free from adverse action.

In considering these issues, the court examined the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the responses of the employees. The court found that the agreement had been genuinely negotiated and contained appropriate dispute resolution mechanisms. It also determined that the agreement provided fair and reasonable terms for the employees and did not adversely affect their rights. Consequently, the court approved the SouthLink Maintenance 2016 Enterprise Agreement.

SouthLink Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established