DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Synchrotron Light Source Australia Pty Ltd T/A Australian Synchrotron
(AG2016/4859)

SYNCHROTRON LIGHT SOURCE AUSTRALIA (SLSA) ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 AUGUST 2016

Application for approval of the Synchrotron Light Source Australia (SLSA) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Synchrotron Light Source Australia (SLSA) Enterprise Agreement 2016-2019 (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 T/A Australian Synchrotron. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Community and Public Sector Union and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 22 August 2016 and, in accordance with s.54, will operate from 29 August 2016. The nominal expiry date of the Agreement is 29 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Synchrotron Light Source Australia Pty Ltd, trading as the Australian Synchrotron, and various unions representing employees of the organisation. The dispute centred around the approval of the Synchrotron Light Source Australia (SLSA) Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issue before the court was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was "better off overall" for the employees, as mandated by section 183 of the Act. This involved examining the terms of the agreement, including wages, conditions of employment, and other benefits, to ensure they were fair and reasonable for the employees.

The Fair Work Commission found that the proposed agreement did meet the "better off overall" test. The commission considered various factors, including the economic context, the bargaining positions of the parties, and the overall impact on employees' conditions. The commission concluded that the agreement provided a fair and reasonable outcome for the employees and approved the agreement. The decision was based on a comprehensive analysis of the agreement's provisions and their implications for the employees.

The final orders of the commission were that the Synchrotron Light Source Australia (SLSA) Enterprise Agreement 2016-2019 be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the agreement would be legally binding and enforceable between the employer and the employees represented by the unions.

Synchrotron Light Source Australia Pty Ltd T/A Australian Synchrotron

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established