Sulzer Australia Pty Ltd

[2022] FWCA 2940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sulzer Australia Pty Ltd

(AG2022/3379)

Sulzer Australia Pty Ltd - Maitland Workplace Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 26 AUGUST 2022

Application for approval of the SULZER AUSTRALIA PTY LTD - MAITLAND Workplace Agreement 2022.

An application has been made for approval of an enterprise agreement known as the SULZER AUSTRALIA PTY LTD - MAITLAND Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sulzer Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2022. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sulzer Australia Pty Ltd, an employer, applied for approval of a workplace agreement with its employee, Maitland, pursuant to section 233 of the Fair Work Act 2009 (Cth). The application was heard in the Fair Work Commission, with Deputy President Fagg presiding. The dispute centred on the terms and conditions of the proposed agreement, specifically regarding the employee's classification, duties, and entitlements.

The court had to determine whether the agreement complied with the requirements of the Fair Work Act, including whether it was fairly negotiated and met the standards set out in the Fair Work Act. This involved assessing whether the agreement provided for reasonable working hours, fair compensation, and appropriate conditions for the employee's role. The court also needed to consider if the agreement was consistent with the modern awards applicable to the employee's classification.

In delivering the decision, Deputy President Fagg found that the agreement met the statutory requirements. The court was satisfied that the agreement was fairly negotiated and contained terms that were consistent with the applicable modern awards. The agreement was found to provide for reasonable working hours, fair compensation, and appropriate conditions for the employee's role. Consequently, the court approved the agreement. The decision emphasised the importance of ensuring that workplace agreements adhere to the statutory framework and protect the rights of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established