Swetha International Pty Ltd

[2014] FWCA 5976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swetha International Pty Ltd
(AG2014/8672)

SWETHA INTERNATIONAL PTY LTD RAIL SAFE WORKING PERSONNEL NEW SOUTH WALES ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 29 AUGUST 2014

Application for approval of the Swetha International Pty Ltd Rail Safe Working Personnel New South Wales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Swetha International Pty Ltd Rail Safe Working Personnel New South Wales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Swetha International Pty Ltd. The agreement is a single-enterprise agreement.

[2] On 27 August 2014 undertakings were provided by Mr P Challa (Director of Swetha International Pty Ltd). Pursuant to s.190 of the Act, I accept the undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 15 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Swetha International Pty Ltd applied for approval of the Rail Safe Working Personnel New South Wales Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The key dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement provided for fair and reasonable terms and conditions for employees, and that the process for its creation had been appropriately followed.

The court had to determine if the agreement was genuinely an enterprise agreement, if it had been made in good faith, and if it satisfied the "better off overall test." This meant assessing whether employees would be better off overall under the new agreement than they would have been under the applicable award or previous agreement. Furthermore, the court needed to consider if the agreement contained provisions that were not in the best interests of the employees, and whether the applicant had genuinely sought to bargain in good faith with the relevant employee representatives.

The Fair Work Commission found that the agreement did indeed meet all the statutory requirements for approval. The agreement was genuinely an enterprise agreement, made in good faith, and passed the better off overall test. It was also determined that the agreement did not contain any provisions that were not in the best interests of the employees. Consequently, the court approved the Swetha International Pty Ltd Rail Safe Working Personnel New South Wales Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established