SYNDETICOM PTY LIMITED T/A Syndeticom Summary

[2021] FWCA 6367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SYNDETICOM PTY LIMITED T/A Syndeticom
(AG2021/6960)

SYNDETICOM PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 21 OCTOBER 2021

Application for approval of the Syndeticom Pty Limited Single Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Syndeticom Pty Limited Single Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Syndeticom Pty Limited T/A Syndeticom (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Syndeticom Pty Limited, trading as Syndeticom, applied to the Fair Work Commission for the approval of the Syndeticom Pty Limited Single Enterprise Agreement 2021. The dispute arose from Syndeticom's efforts to negotiate a new enterprise agreement with its employees. The Commission had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained the mandatory provisions required by section 230 of the Act and whether the agreement was made in good faith. Additionally, the Commission had to consider whether the agreement provided appropriate protections for employees and whether it complied with the principles of procedural fairness.

The Fair Work Commission found that the agreement did include the mandatory provisions stipulated by section 230 of the Act and was made in good faith. The Commission noted that the agreement provided appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also determined that the agreement was consistent with the principles of procedural fairness, as it was the result of genuine bargaining between the parties. Consequently, the Commission approved the agreement.

The final orders of the Fair Work Commission were that the Syndeticom Pty Limited Single Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement would then be applicable to all employees of Syndeticom Pty Limited from the date of registration.

SYNDETICOM PTY LIMITED T/A Syndeticom

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established