Application for approval of the Syndeticom Pty Ltd Single Enterprise Agreement 2025

[1] This decision concerns an application for approval of the Syndeticom Pty Ltd Single Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Syndeticom Pty Lt (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[2] If the agreement is not a greenfields agreement, section 186(2)(a) of the FW Act requires the Fair Work Commission to be satisfied that the agreement has been genuinely agreed to by the employees covered by the agreement. The Agreement is not a greenfields agreement. The question of whether an enterprise agreement has been genuinely agreed to by the employees is determined by reference to section 188 of the FW Act. Section 188(4)(a) of the FW Act provides that the Fair Work Commission cannot be satisfied as to genuine agreement unless the Fair Work Commission is satisfied that sections 173 and 174 of the FW Act have been complied with. In considering the application, I raised a concern with the Applicant, and the other bargaining representatives, concerning compliance with section 173(3) of the FW Act, which required the Applicant to give the Notice of Employee Representational Rights (NERR) as soon as practicable, and not later than 14 days, after the notification time for the agreement. The notification time was 6 August 2025. The Form F17 filed by the Applicant identified that the NERR was last given to the employees on 21 August 2025. The Applicant responded to this concern by way of email dated 27 October 2025 and indicated that the NERR was issued on 20 August 2025, and not 21 August 2025 as was stated on the Form F17. I accept that explanation and am satisfied that sections 173 and 174 of the FW Act have been met.

[3] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant, and the other bargaining representatives concerning clause 6.4.7 of the Agreement. Clause 6.4.7 of the Agreement provides a mechanism to vary the spread of hours and / or shift system. The mechanism is expressed as being subject to employees not being disadvantaged. The Applicant proposed an undertaking to address this concern. I accept the undertaking. In doing so, I note that the bargaining representatives were given an opportunity to express their views about the undertaking. The bargaining representatives did not express a view about the undertaking. I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision.

[4] Based on the material provided by the Applicant, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[5] Section 201 of the FW Act requires the approval decision to note certain matters. The only such matter that is relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 11 November 2025. The nominal expiry date of the Agreement is 4 November 2029.

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