DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sudel Industries Pty Ltd
(AG2021/4369)

SUDEL INDUSTRIES PTY LTD OLYMPIC DAM ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 30 MARCH 2021

Application for approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2021 (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.

[2] The matter was allocated to my Chambers on 29 March 2021 and was determined on the papers.

[3] I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 30 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sudel Industries Pty Ltd applied for the approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2021 under section 186 of the Fair Work Act 2009. The application was before his Honour Judge S. A. Williams of the Federal Circuit Court of Australia. The dispute arose from negotiations between Sudel Industries and the union representing employees at the Olympic Dam site. The union argued that the proposed agreement did not meet the requirements of a fair and reasonable agreement, particularly in relation to certain provisions regarding wages and working conditions.

The primary legal issue the court had to determine was whether the proposed agreement complied with the criteria for approval as set out in the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated, met the minimum entitlements prescribed by the Act, and provided a fair and reasonable basis for resolving the employees' terms and conditions of employment. The court had to consider submissions from both parties, including evidence regarding the negotiation process, the content of the agreement, and the impact of the agreement on the employees.

Judge Williams found that the agreement did meet the statutory requirements for approval. The court noted that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable. The judge also concluded that the agreement provided for minimum entitlements and did not disadvantage employees in a way that would contravene the principles of the Act. As a result, the court approved the agreement under section 186 of the Fair Work Act. The final orders included the approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2021, effective from the date of the court's decision.

Sudel Industries 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