DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSW Specialised Remediation Services Pty Ltd
(AG2019/2980)

SPECIALISED REMEDIATION SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the Specialised Remediation Services Pty Limited Enterprise Agreement 2019

[1] NSW Specialised Remediation Services Pty Ltd has made an application for approval of an enterprise agreement known as the Specialised Remediation Services Pty Limited Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 4 September 2019 and, in accordance with s 54, will operate from 11 September 2019. The nominal expiry date of the Agreement is 4 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved NSW Specialised Remediation Services Pty Ltd and the Fair Work Commission. The dispute centred on the application for approval of the Specialised Remediation Services Pty Limited Enterprise Agreement 2019. This agreement was sought to be registered under the Fair Work Act 2009, with the Fair Work Commission being the tribunal responsible for assessing and approving such agreements. The central legal issues revolved around whether the agreement met all the statutory requirements for approval, particularly those concerning the bargaining process, the content of the agreement, and its compliance with relevant provisions of the Fair Work Act.

The Commission first considered the procedural fairness of the bargaining process, ensuring that the agreement had been reached through genuine negotiations and that both parties had acted in good faith. It also assessed whether the agreement contained all the necessary terms and conditions as mandated by the Fair Work Act, including minimum wages and other employment standards. Furthermore, the Commission examined whether the agreement complied with provisions relating to the protection of employee interests and whether it adequately covered matters such as redundancy, termination, and dispute resolution mechanisms.

After a thorough review, the Commission found that the agreement had been negotiated in good faith and contained all the necessary terms as required by the Fair Work Act. The Commission also determined that the agreement adequately protected the interests of the employees and complied with all relevant provisions. Consequently, the Commission approved the Specialised Remediation Services Pty Limited Enterprise Agreement 2019, deeming it fit for registration. This decision affirmed the validity of the agreement, allowing it to take effect as a binding contract between the employer and the employees covered by it.

NSW Specialised Remediation Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established