DECISION

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

Sydney Markets Limited
(AG2016/98)

SYDNEY MARKETS LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 4 FEBRUARY 2016

Application for approval of the Sydney Markets Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Markets Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Markets Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services 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.

[5] The Agreement was approved on 4 February 2016 and, in accordance with s.54, will operate from 11 February 2016. The nominal expiry date of the Agreement is 4 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417677 PR576696

Appendix A

CaseChat Overview and Summary

Sydney Markets Limited applied to the Fair Work Commission (FWC) for approval of the Sydney Markets Ltd Enterprise Agreement 2015. The application arose from a dispute between the employer and the Australian Services Union, the employee representative. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement and whether it complied with the relevant industrial and legislative provisions. The matter was heard in the Fair Work Commission, which has the authority to approve, modify, or reject enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the Sydney Markets Ltd Enterprise Agreement 2015 met the necessary requirements for approval under the Fair Work Act. Specifically, the FWC had to consider if the agreement provided for minimum terms and conditions of employment, including minimum wages, leave entitlements, and other essential conditions. Additionally, the FWC examined whether the agreement had been made in good faith and if it facilitated a productive workplace relationship. Another key aspect was ensuring that the agreement did not undermine the ability of employees to exercise their rights under the Fair Work Act.

The FWC determined that the Sydney Markets Ltd Enterprise Agreement 2015 largely complied with the Fair Work Act. The commission noted that the agreement provided for appropriate minimum terms and conditions, and there were no significant issues concerning the good faith of the parties involved. The FWC found that the agreement facilitated a productive workplace relationship and did not undermine employee rights. After reviewing all submissions and evidence, the FWC approved the agreement, noting that it met the necessary legislative criteria. Consequently, the Sydney Markets Ltd Enterprise Agreement 2015 was approved, effective from the specified commencement date.

Sydney Markets Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established