Sykes Group Pty Ltd

Case

[2023] FWCA 3645

3 NOVEMBER 2023


[2023] FWCA 3645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Sykes Group Pty Ltd

(AG2023/3121)

ALLIGHTSYKES PTY LTD CARDIFF SITE ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries

DEPUTY PRESIDENT BOYCE

SYDNEY, 3 NOVEMBER 2023

Application for variation of the Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2021-2025

  1. An application has been made for approval of a variation to the Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2021-2025 (the Agreement). The application was made by Sykes Group Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

  1. A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2021-2025 with the following:

Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2021-2025

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. In accordance with s.216 of the Act, the variation operates from 3 November 2023.


DEPUTY PRESIDENT

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