Sudel Industries Pty Ltd

[2024] FWCA 3320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sudel Industries Pty Ltd

(AG2024/3257)

SUDEL INDUSTRIES PTY LTD OLYMPIC DAM ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 24 SEPTEMBER 2024

Application for approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sudel Industries Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 11 September 2024.

On 13 September 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement which included a BOOT concern with respect to loaded rates for casual employees. The BOOT issue was resolved on the basis of the Applicant’s working roster patterns. The Applicant submitted that the roster is unlikely to change during the life of the Agreement however in the event the roster was altered, submits s.227A of the Act would be applicable to address any future BOOT concern.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 24 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sudel Industries Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2024. The employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for enterprise agreements.

The primary legal issue was whether the agreement provided for the mandatory terms as required by section 233 of the Act and whether it was a genuine agreement. The CFMEU argued that the agreement did not meet the statutory minimum entitlements, particularly in relation to pay rates and conditions for certain employees. The employer contended that the agreement was fairly negotiated and met all legal requirements.

The Commission examined the provisions of the agreement and the evidence provided by both parties. It considered whether the agreement contained the mandated terms and if it was a genuine enterprise agreement, free from any improper conduct. After careful consideration, the Commission found that the agreement contained all the required mandatory terms and was a genuine agreement, as it was negotiated in good faith and met the statutory requirements.

Accordingly, the Commission approved the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2024, and it is now a legally binding agreement between the employer and the employees. The employer must implement the agreement, and the employees are bound by its terms. The CFMEU's application to the Commission was dismissed, and the agreement will come into effect on the date of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established