Swift Sign Industries Pty Ltd Summary

[2013] FWCA 3659

The attached document replaces the document previously issued with the above code on 6 June 2013.

Undertakings are now attached the Decision.

Katrina Alviano

Acting Associate to Deputy President Gooley

Dated: 11 June 2013

[2013] FWCA 3659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swift Sign Industries Pty Ltd
(AG2013/1100)

SWIFT SIGN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 6 JUNE 2013

Application for approval of the Swift Sign Industries Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Swift Sign Industries Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swift Sign Industries 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 meet the requirements as provided for by s.190 of the Act.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement was approved on 6 June 2013 and, in accordance with s.54, will operate from 13 June 2013. The nominal expiry date of the Agreement is 12 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Swift Sign Industries Pty Ltd, an employer, sought approval of an Enterprise Agreement with its employees. The application was before the Fair Work Commission, which is responsible for regulating workplace relations in Australia. The employees, represented by a union, contested the terms of the proposed agreement, particularly those concerning redundancy payments and working hours. The core legal issues revolved around whether the agreement met the requirements of the Fair Work Act 2009, ensuring it provided a safety net for employees and maintained a fair balance between the parties.

The Commission examined the application to ensure the agreement adhered to the provisions of the Fair Work Act, particularly focusing on whether it provided for minimum entitlements and did not unfairly disadvantage any party. In assessing the redundancy payments, the Commission considered whether the terms were consistent with those mandated by the Act and if they offered no less favourable treatment than the applicable award. For the working hours, the Commission ensured the agreement did not excessively burden employees and complied with relevant laws on maximum working hours and rest periods. Ultimately, the Commission found that while some provisions needed minor adjustments, the overall agreement met the statutory requirements and was in the best interest of the employees.

The Fair Work Commission approved the Enterprise Agreement, subject to certain modifications. The approved terms included a defined process for redundancy payments that aligned with the Act, ensuring employees were not disadvantaged. Additionally, the agreement specified working hours that complied with the legal maximums and included appropriate rest periods. These adjustments were made to address the union's concerns and to ensure the agreement was fair and balanced. The final orders required Swift Sign Industries to implement the approved terms and notify its employees of the changes.

Swift Sign Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established