Application by SRG Global Infrastructure Pty Ltd Summary

[2022] FWCA 3575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by SRG Global Infrastructure Pty Ltd

(AG2022/3796)

SRG Global Infrastructure Pty Ltd South32 Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 OCTOBER 2022

Application for approval of the SRG Global Infrastructure Pty Ltd South32 Enterprise Agreement 2022

SRG Global Infrastructure Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the SRG Global Infrastructure Pty Ltd South32 Enterprise Agreement 2022 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

Mr Stephen Knight, an employee who was asked to vote for or against the Agreement, communicated with my chambers that he considered the Employer was incorrect when it stated on the Form F16 that there were 16 employee bargaining representatives. Mr Knight contended that there were 20 employee bargaining representatives, including himself.

On 5 October 2022, I invited Mr Knight to provide further information in respect of his assertion. No further correspondence was received from Mr Knight. Ms Melanie Covich, Senior Human Resources Advisor stated that only 14 employee bargaining representatives were identified by written instruments of appointment. Despite not being satisfied that Mr Knight was an employee bargaining representative, Mr Knight was afforded the opportunity to provide his views with respect to the undertakings given by the Employer. No correspondence was received.

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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 13 October 2025.

COMMISSIONER

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ANNEXURE A

The parties involved in this matter were SRG Global Infrastructure Pty Ltd, the applicant, and the Fair Work Commission, the respondent. The applicant sought approval of an enterprise agreement, the SRG Global Infrastructure Pty Ltd South32 Enterprise Agreement 2022, which would govern the terms and conditions of employment for employees of the applicant company. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained the necessary good faith bargaining provisions. The applicant had to demonstrate that the agreement was made without coercion, undue influence, or any other improper conduct. Additionally, the Commission had to be satisfied that the agreement had been negotiated in good faith by both parties, as required by the Act.

In its decision, the Commission found that the applicant had met the procedural requirements of the Act and had demonstrated that the agreement had been negotiated in good faith. The Commission was satisfied that the agreement had been made without any improper conduct and that it contained the necessary good faith bargaining provisions. As a result, the Commission approved the SRG Global Infrastructure Pty Ltd South32 Enterprise Agreement 2022.

The Fair Work Commission approved the SRG Global Infrastructure Pty Ltd South32 Enterprise Agreement 2022, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained the necessary good faith bargaining provisions. The applicant was required to provide a copy of the approved agreement to the Commission within five business days of the decision.

Application by SRG Global Infrastructure Pty Ltd

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