Synergy Engineering Australia Pty Ltd Summary

[2022] FWCA 4538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Synergy Engineering Australia Pty Ltd

(AG2022/5142)

Synergy Engineering Australia Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 21 DECEMBER 2022

Application for approval of the Synergy Engineering Australia Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Synergy Engineering Australia Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by one of the two employers covered by the Agreement, Synergy Engineering Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 21 December 2022 and, in accordance with s.54 of the Act and clause 4 of the Agreement, will operate from 2 January 2023. The nominal expiry date of the Agreement is 2 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Synergy Engineering Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The proposed agreement was to govern the employment of employees in the engineering and construction industry. The legal issues that the Commission needed to resolve included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the mandatory terms and conditions set out in the relevant awards and the protections for employees.

The Commission found that the proposed agreement complied with the statutory requirements and met the standards for an enterprise agreement. It was concluded that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements and other benefits. The agreement also included provisions for dispute resolution mechanisms that were considered to be adequate and effective. The Commission was satisfied that the agreement would not have an adverse effect on the employees' terms and conditions of employment or on their ability to exercise their rights under the Fair Work Act.

As a result, the Commission approved the Synergy Engineering Australia Enterprise Agreement 2022, and it came into effect on the date of the approval. The approval of the agreement provides certainty and stability for both the employer and employees, and it allows for the parties to work together in a cooperative and productive manner. The agreement also ensures that employees are protected by the relevant awards and that they have access to fair and reasonable terms and conditions of employment.

Synergy Engineering 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