austlii:cth/FWCA/2025/4101
General information, not legal advice.
FWCA
2025-12-03
Commissioner P
Original judgment source is linked above.
SYKES GROUP PTY LTD CARDIFF SITE ENTERPRISE AGREEMENT 2025
Application for approval of the Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2025
[1] Sykes Group Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Sykes Group Pty Ltd Cardiff Site Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] The Employer 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. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AMWU.
[5] The Agreement is approved. Clause 4.1 of the Agreement states that the Agreement will commence operation from the first full pay period commencing on or after 7 days from the date of approval by the Commission. The Employer advised that it operates a fortnightly pay period and the first full pay period to commence on or after 7 days after the date of this decision commences on Monday 22 December 2025.
[6] Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Sunday, 21 December 2025. The nominal expiry date of the Agreement is 30 June 2027.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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