Sykes Group Pty Ltd Summary

[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

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).

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.

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

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.

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.

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

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

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Sykes Group Pty Ltd for a variation of the Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2021-2025. The application sought to amend the agreement to implement a new pay structure and to introduce a provision allowing for flexible work arrangements. The respondents to the application, the employees' union, contested the application on the grounds that the proposed changes would adversely affect the employees' conditions of employment and that the process for seeking the variation was not compliant with the relevant legislative requirements.

The legal issues before the Commission were whether the proposed changes were necessary and appropriate in the circumstances and whether the application process complied with the relevant legislative requirements. The Commission considered the evidence and submissions from both parties and examined the relevant provisions of the Fair Work Act 2009 and the Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2021-2025. The Commission also considered the principles of good faith bargaining and the need for a fair and efficient workplace.

The Commission found that the proposed changes were necessary and appropriate to address the changing needs of the business and the employees. The Commission also found that the application process complied with the relevant legislative requirements. The Commission noted that the parties had engaged in good faith bargaining and had reached a consensus on the proposed changes. The Commission held that the proposed changes would not have an adverse effect on the employees' conditions of employment and that the introduction of flexible work arrangements would provide benefits to both the employer and the employees. The Commission therefore approved the application for variation of the enterprise agreement.

The final orders of the Commission were that the Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2021-2025 be varied to implement the new pay structure and to introduce a provision allowing for flexible work arrangements. The variation was to take effect from the date of the Commission's decision and to remain in force until the end of the agreement's term. The employees' union was directed to give written notice of the variation to its members and to take such steps as were necessary to bring the variation to their attention.

Sykes Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established