Suite Control Group Pty Ltd

Case [2015] FWCA 8889


[2015] FWCA 8889
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Suite Control Group Pty Ltd
(AG2015/7577)

SUITE CONTROL GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry

COMMISSIONER LEE

MELBOURNE, 23 DECEMBER 2015

Application for approval of the Suite Control Group Pty Ltd Single Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Suite Control Group Pty Ltd Single Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suite Control Group 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, 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 30 December 2015. The nominal expiry date of the Agreement is 22 December 2019.

COMMISSIONER

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Annexure A

Details
AGLC
Suite Control Group Pty Ltd [2015] FWCA 8889
Case
[2015] FWCA 8889
Decision Date

CaseChat Overview and Summary

Suite Control Group Pty Ltd, an employer, and the Finance Sector Union of Australia, an employee representative, applied to the Fair Work Commission for the approval of the Suite Control Group Pty Ltd Single Enterprise Agreement 2015-2019. The application was made under section 230 of the Fair Work Act 2009. The primary issue before the commission was whether the proposed agreement met the criteria for approval under the Act. Specifically, the commission had to determine if the agreement was in the best interests of the employees, provided adequate protections, and was free from any unlawful content.

The commission considered various aspects of the agreement, including its provisions on minimum wages and conditions, penalty rates, and other employment terms. It examined the agreement's compliance with the statutory minimum standards and the need for it to provide for fair and reasonable terms and conditions of employment. The commission also assessed whether the agreement provided adequate protections for employees and whether it was free from any provisions that could be considered unlawful or contrary to public policy. The commission concluded that the agreement met all the necessary criteria for approval, as it provided fair and reasonable terms and conditions of employment and adequately protected the employees' interests.

The commission approved the Suite Control Group Pty Ltd Single Enterprise Agreement 2015-2019 under section 230 of the Fair Work Act 2009, finding that it met all the requirements for approval. The agreement was deemed to be in the best interests of the employees, provided adequate protections, and was free from any unlawful content. The commission's decision was based on its thorough examination of the agreement's provisions and its assessment of the overall impact on the employees. The approval of the agreement ensures that the terms and conditions of employment for the employees of Suite Control Group Pty Ltd are governed by a fair and reasonable enterprise agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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