Sun Engineering (Qld) Pty Ltd

[2020] FWCA 1632

[2020] FWCA 1632

FAIR WORK COMMISSION

DECISION

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

Sun Engineering (Qld) Pty Ltd
(AG2020/373)

SUN ENGINEERING SITE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 30 MARCH 2020

Application for approval of the Sun Engineering Site Agreement 2020.

[1] Sun Engineering (Qld) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Sun Engineering Site Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Australian Manufacturing Workers’ Union (AMWU) and the employee bargaining representatives for the Agreement regarding the undertakings.

[3] The AMWU wrote to my chambers raising concerns about the casual overtime penalty rates, to which I have taken into consideration. Following receipt of correspondence from my chambers with a further better off overall test analysis, the AWMU advised that it did not wish to make any further submissions. I did not receive any correspondence from any of the employee bargaining representatives.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2020. The nominal expiry date of the Agreement is 11 November 2023.

COMMISSIONER

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Annexure A: