DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Markets Ltd T/A Sydney Markets Ltd
(AG2021/5741)

SYDNEY MARKETS LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 JULY 2021

Application for approval of the Sydney Markets Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Sydney Markets Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sydney Markets Ltd T/A Sydney Markets Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 6 July 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Miscellaneous Award 2020, Clerks Private Sector Award 2020, and Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (ASU/USU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2021. The nominal expiry date of the Agreement is 9 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sydney Markets Ltd, trading as Sydney Markets Ltd, applied for approval of the Sydney Markets Ltd Enterprise Agreement 2021. The application was heard in the Fair Work Commission. The nature of the dispute centred on the terms and conditions of employment within the enterprise agreement and whether it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement met the minimum standards prescribed by the Act, if the agreement was made in good faith and whether it was free from any illegality or unfairness. The Commission also needed to determine if the agreement provided for a fair and efficient bargaining process, and if the agreement was likely to promote workplace harmony.

The Commission found that the enterprise agreement complied with the requirements of the Act. The agreement was made in good faith, was free from any illegality or unfairness, and provided for a fair and efficient bargaining process. The Commission was satisfied that the agreement was likely to promote workplace harmony and met the minimum standards prescribed by the Act. The Commission approved the Sydney Markets Ltd Enterprise Agreement 2021.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The approval was effective from the date of the decision and replaced any previous enterprise agreement between the parties.

Sydney Markets Ltd T/A Sydney Markets Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established