Synchrotron Light Source Australia Pty Ltd Summary

[2013] FWCA 2234

FAIR WORK COMMISSION

DECISION

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

Synchrotron Light Source Australia Pty Ltd
(AG2013/833)

AUSTRALIAN SYNCHROTRON ENTERPRISE AGREEMENT 2013

Scientific services
COMMISSIONER ROE	MELBOURNE, 12 APRIL 2013

Application for approval of the Australian Synchrotron Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Synchrotron Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Synchrotron Light Source Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The CPSU, the Community and Public Sector Union and The Association of Professional Engineers, Scientists and Managers, Australia have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the two organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Synchrotron Light Source Australia Pty Ltd applied for the approval of the Australian Synchrotron Enterprise Agreement 2013. The dispute arose under the Fair Work Act 2009, with the Fair Work Commission as the relevant tribunal. The primary issue before the court was whether the agreement met the legal requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement contained all necessary terms, was fairly negotiated, and would not have an adverse effect on the national system.

The court examined the agreement's terms and whether they complied with the statutory requirements. The negotiation process was also scrutinized to ensure it was conducted fairly. Additionally, the court assessed whether the agreement would adversely affect the national system, including the potential impact on employment conditions and industrial relations. After careful analysis, the court found that the agreement was appropriately negotiated and contained all necessary terms. It concluded that the agreement would not have an adverse effect on the national system, thereby meeting the criteria for approval.

The court approved the Australian Synchrotron Enterprise Agreement 2013, finding it to be in compliance with the Fair Work Act. The agreement was deemed to be fairly negotiated, contained all necessary terms, and would not have an adverse effect on the national system. The court's decision provided clarity and legal certainty regarding the agreement, ensuring it would operate within the framework of the Fair Work Act. The approval facilitated the implementation of the agreement, which aimed to govern the employment conditions and industrial relations within the Australian Synchrotron.

Synchrotron Light Source Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established