DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sudel Industries Pty Ltd
(AG2019/3030)

SUDEL INDUSTRIES PTY LTD OLYMPIC DAM ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sudel Industries Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

[3] With 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 5 November 2019. The nominal expiry date of the Agreement is 28 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Sudel Industries Pty Ltd sought approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2019. The applicant, an engineering and construction company, entered into the agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The union represents employees of the applicant who work at the Olympic Dam mine in South Australia. The primary dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement was a "bargaining agreement" as defined in the Act and if it complied with the procedural and substantive requirements for approval. The Commission had to determine if the agreement was made in good faith, if it was free from any improper conduct, and if it provided for proper mechanisms for the resolution of disputes. Additionally, the Commission needed to consider whether the agreement met the minimum standards set out in the National Employment Standards.

The Commission found that the agreement was a genuine collective bargaining agreement made in good faith and without any improper conduct. It also met the requirements for approval under the Fair Work Act, including the provisions for dispute resolution mechanisms. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and it met the minimum standards under the National Employment Standards. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2019, effective from 1 July 2019. The decision affirmed that the agreement was a genuine collective bargaining agreement that complied with all legal requirements for approval. The Commission's approval allowed the terms and conditions set out in the agreement to apply to the employees of the applicant company at the Olympic Dam mine.

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