Steritech Pty Ltd

[2016] FWCA 306

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steritech Pty Ltd

(AG2015/7721)

STERITECH (WETHERILL PARK) STERILIZATION PLANT

OPERATORS ENTERPRISE AGREEMENT 2015

Storage services

COMMISSIONER GREGORY

MELBOURNE, 15 JANUARY 2016

Application for approval of the Steritech (Wetherill Park) Sterilization Plant Operators

Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Steritech (Wetherill Park) Sterilization Plant Operators Enterprise Agreement 2015 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by Steritech 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 National Union of Workers 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.
[2016] FWCA 306

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

22 January 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 306

Annexure A

CaseChat Overview and Summary

The decision in Steritech Pty Ltd involves an application for the approval of an enterprise agreement, the Steritech (Wetherill Park) Sterilization Plant Operators Enterprise Agreement 2015, under section 185 of the Fair Work Act 2009. The applicant, Steritech Pty Ltd, sought to have the agreement approved. The National Union of Workers, as a bargaining representative for the agreement, indicated its desire for the agreement to cover its members. The primary focus of the case was on whether the agreement met the legal requirements for approval under the Fair Work Act.

The key legal issues addressed by the court were whether the agreement fulfilled the necessary criteria under sections 186, 187, 188, and 190 of the Fair Work Act, and whether the applicant's written undertakings ensured that the agreement would not cause financial detriment to any employee or result in substantial changes to the agreement. Additionally, the court had to consider whether the agreement would cover the bargaining representative, the National Union of Workers, as required.

The Fair Work Commissioner, Greg Gregory, found that the agreement met all the legal requirements for approval, and the written undertakings provided by Steritech Pty Ltd were sufficient to address potential financial detriment and substantial changes. The commissioner also noted that the agreement would cover the bargaining representative, as stipulated by the union. Consequently, the commissioner approved the agreement, which would come into effect from 22 January 2016, with a nominal expiry date of 30 November 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established