Systeck Group Pty Ltd

[2013] FWCA 2270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Systeck Group Pty Ltd
(AG2013/444)

SYSTECK WORKPLACE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 12 APRIL 2013

Application for approval of the Systeck Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Systeck Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Systeck Group Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of their Workplace Agreement 2013. The dispute primarily involved the agreement's compliance with the Fair Work Act 2009, particularly concerning its fairness and the terms governing employee entitlements. The applicant, Systeck Group, sought to have the agreement approved to facilitate its implementation, while the respondents raised concerns about the fairness of certain terms and their compliance with national employment standards.

The central legal issues before the Commission were whether the Workplace Agreement 2013 was fair and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement appropriately balanced the rights and interests of the employees with those of the employer, and whether it met the threshold criteria for approval under the Act. The respondents argued that certain terms in the agreement were not fair, particularly those relating to employee entitlements and working conditions.

The Commission carefully reviewed the terms of the agreement and assessed whether they met the fairness criteria as outlined in the Fair Work Act. It considered the nature of the bargaining process, the extent to which the agreement provided for reasonable terms and conditions, and whether it addressed the specific needs and circumstances of the employees. Ultimately, the Commission found that while the agreement contained some terms that were not fair, the overall agreement could be approved with modifications to ensure compliance with the Act. The modifications were deemed necessary to protect the rights of the employees while allowing the agreement to proceed.

The Fair Work Commission approved the Workplace Agreement 2013 with the specified modifications. These modifications were designed to ensure that the agreement met the fairness and compliance requirements under the Fair Work Act. The decision provided clarity for both parties, allowing Systeck Group to implement the agreement with the necessary changes, while ensuring that employee entitlements and conditions were adequately protected.

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