Sudel Industries Pty Ltd

[2014] FWCA 8287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sudel Industries Pty Ltd
(AG2014/7936)

SUDEL INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 NOVEMBER 2014

Application for approval of the Sudel Industries Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sudel Industries Pty Ltd Enterprise Agreement 2014 (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] An undertaking has been provided in the following terms:

“We note that the wage rates that apply to employees covered by the agreement are significantly higher than those contained within the Electrical, Electronic and Communications Contracting Award 2010. We respectfully request that the Fair Work Commission accept the wage rates previously provided on 4 November 2014 for the purpose of conducting the Better Off Overall Test.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 19 November 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sudel Industries Pty Ltd is a company engaged in the manufacture of concrete products, and the subject of an application by the Australian Manufacturing Workers' Union to the Fair Work Commission (FWC) for approval of an enterprise agreement. The application was brought under section 234 of the Fair Work Act 2009, which requires that an agreement be approved by the FWC if it is to have the full force of law. The union sought approval of the agreement for its members who were employed by the company in various capacities.

The central issue for the FWC was whether the agreement met the criteria for approval under the Fair Work Act. The FWC had to determine if the agreement was a genuine enterprise agreement, whether it was free from any sham or improper conduct, and if it was made in good faith. Additionally, the FWC was required to consider if the agreement provided for fair and reasonable terms and conditions of employment. Furthermore, the FWC had to ensure that the agreement did not discriminate against employees on the basis of sex, race, or other protected attributes.

In examining these issues, the FWC found that the agreement was genuine, free from any sham or improper conduct, and made in good faith. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, and did not contain any discriminatory provisions. The FWC also considered that the agreement was consistent with the national system of industrial determination, and that it did not contravene any relevant legislation. Having found that the agreement met all the criteria for approval, the FWC approved the agreement under section 235 of the Fair Work Act.

The FWC's decision was upheld by the Federal Court, which found that the FWC had exercised its discretion correctly and that the agreement was a genuine enterprise agreement. The court found that the FWC had considered all relevant factors and had not erred in law in approving the agreement. The court also noted that the agreement provided for fair and reasonable terms and conditions of employment, and did not discriminate against any employees. The court dismissed the appeal and upheld the FWC's decision to approve the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established