DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sudel Industries Pty Ltd
(AG2016/96)

SUDEL INDUSTRIES PTY LTD OLYMPIC DAM ENTERPRISE AGREEMENT 2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MARCH 2016

Application for approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sudel Industries 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 2 March 2016 and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 2 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sudel Industries Pty Ltd sought approval of the Olympic Dam Enterprise Agreement 2016. The applicant is a mining company involved in the Olympic Dam Mine, and the Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The agreement, which was negotiated with the Australian Manufacturing Workers' Union, contains terms and conditions of employment for employees at the mine. The dispute before the Commission was whether the agreement met the statutory requirements for approval and whether it contained provisions that were contrary to public policy.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements under the Fair Work Act and whether it contained any terms that contravened public policy. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for a fair and efficient bargaining process, and if it included terms that were contrary to public policy or otherwise unlawful. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and the employer.

In determining the validity of the agreement, the Commission reviewed the negotiation process, the contents of the agreement, and the evidence presented by the parties. The Commission found that the agreement was made in good faith and that the bargaining process was fair and efficient. It also concluded that the agreement did not contain any terms that were contrary to public policy or otherwise unlawful. The Commission further determined that the agreement was in the best interests of both the employees and the employer, as it provided for fair and reasonable terms of employment. As a result, the Commission approved the agreement.

The Fair Work Commission granted approval for the Olympic Dam Enterprise Agreement 2016. This decision confirmed the agreement as a valid and enforceable instrument under the Fair Work Act. The approval means that the terms and conditions outlined in the agreement are binding on the parties and can be enforced through the Fair Work Commission. This decision provides clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement.

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