DECISION

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

Steric Pty Ltd
(AG2020/1413)

STERIC PTY LTD ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	SYDNEY, 9 JUNE 2020

Application for approval of the Steric Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Steric Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steric Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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] I note that clause 6.1 (Personal/Carers’ Leave) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.12 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 June 2020. The nominal expiry date of the Agreement is 15 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steric Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, Steric Pty Ltd, sought the approval of the Steric Pty Ltd Enterprise Agreement 2019. The application was opposed by the Australian Manufacturing Workers’ Union, who argued the agreement failed to meet the requirements of the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement complied with the good faith bargaining provisions, and whether it contained terms that were fair and reasonable.

The Commission considered whether Steric Pty Ltd had engaged in good faith bargaining as required by the Act, and whether the terms of the agreement were fair and reasonable. The applicant argued that it had engaged in good faith bargaining and that the agreement contained fair and reasonable terms. The union opposed the application, asserting that the bargaining process was flawed and that certain terms of the agreement were unfair. The Commission examined the evidence and arguments presented by both parties, and determined that Steric Pty Ltd had engaged in good faith bargaining. The Commission also found that the terms of the agreement were fair and reasonable, and approved the enterprise agreement.

The Fair Work Commission approved the Steric Pty Ltd Enterprise Agreement 2019. The Commission found that the applicant had engaged in good faith bargaining, and that the terms of the agreement were fair and reasonable. The agreement was approved, and will now be registered with the Fair Work Commission. The union's opposition to the application was dismissed.

Steric 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