DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swift Sign Industries Pty Ltd
(AG2017/6452)

SWIFT SIGN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 10 JULY 2018

Application for approval of the Swift Sign Industries Pty Ltd Enterprise Agreement 2017 -2021.

[1] An application has been made for approval of an enterprise agreement known as the Swift Sign Industries Pty Ltd Enterprise Agreement 2017 -2021 (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 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2018. The nominal expiry date of the Agreement is 9 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Swift Sign Industries Pty Ltd, sought approval of the Enterprise Agreement 2017-2021 from the Fair Work Commission. The agreement was intended to cover the company's employees, who were represented by the United Voice union. The union did not oppose the application but sought clarification on certain terms and conditions. The dispute before the court revolved around the interpretation and approval of specific clauses within the enterprise agreement.

The court was tasked with determining whether the agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. This involved assessing the fairness of the agreement's terms and ensuring they adhered to the statutory requirements. The union's request for clarification on specific provisions also required the court to interpret these clauses in light of the broader objectives of the agreement and the Fair Work Act.

After examining the enterprise agreement and the submissions from both parties, the court found that the agreement met the necessary legislative standards. The clarifications sought by the union were provided, and the court was satisfied that the agreement was fair and reasonable. Consequently, the court approved the enterprise agreement, allowing it to take effect from the specified date. The final orders included the approval of the agreement and the clarifications provided by the court, ensuring that all parties' concerns were addressed within the legal framework.

Swift Sign Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established