DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Supagas Pty Limited
(AG2021/4836)

SUPAGAS MANUFACTURING ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2021

Application for approval of the Supagas Manufacturing Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Supagas Manufacturing Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Supagas Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Supagas Pty Limited applied to the Fair Work Commission for approval of the Supagas Manufacturing Enterprise Agreement 2020. The dispute involved the terms and conditions of employment for employees within the manufacturing sector, specifically those employed by Supagas. The case was heard in the Fair Work Commission, which has jurisdiction over matters relating to workplace relations and industrial disputes in Australia.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "better off overall" and "in the national system" as mandated by the Act. The Commission also had to consider whether the agreement had been genuinely negotiated and if it provided for fair and reasonable terms and conditions of employment.

In its decision, the Fair Work Commission examined the evidence presented regarding the negotiation process and the terms of the agreement. The Commission noted that the agreement had been negotiated between Supagas and the relevant employee representatives and found that it had been genuinely negotiated. The Commission also considered the "better off overall" test, assessing whether employees would be better off with the proposed agreement than they would be under their existing awards. The Commission concluded that the agreement met this test, as it provided for improved wages, conditions, and other benefits for the employees. Furthermore, the Commission found that the agreement complied with the national system requirements and provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Supagas Manufacturing Enterprise Agreement 2020, finding that it met the statutory requirements of the Fair Work Act 2009. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been genuinely negotiated and provided for improved terms and conditions for employees. The Commission's approval of the agreement means that it will now form the basis of employment for the relevant employees within the manufacturing sector.

Supagas Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established