DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SBS Group Australia Pty Ltd
(AG2017/1203)

SBS GROUP AUSTRALIA ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 MAY 2017

Application for approval of the SBS Group Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SBS Group Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SBS Group Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 29 May 2017 and, in accordance with s.54, will operate from 5 June 2017. The nominal expiry date of the Agreement is 29 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, SBS Group Australia Pty Ltd applied for approval of the SBS Group Australia Enterprise Agreement 2017. The applicant, SBS Group Australia, is an employer in the television broadcasting industry, and the respondents are various unions representing its employees. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employee rights.

The primary legal issues before the Commission were whether the agreement was made in accordance with the mandatory provisions of the Fair Work Act and whether it complied with the requirements for procedural fairness. The Commission had to assess whether the bargaining process was genuine and whether the agreement provided adequate protections for employees, including those in casual and part-time roles. Furthermore, the Commission needed to determine whether the agreement appropriately balanced the interests of the employer and employees.

The Commission found that the agreement had been made in good faith and that the bargaining process was genuine. It held that the applicant had engaged in meaningful negotiations with the unions and provided adequate information to enable informed decision-making. The Commission also found that the agreement provided appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The agreement was deemed to comply with the statutory requirements for procedural fairness, as it allowed for adequate consultation and representation of employee interests. Consequently, the Commission approved the SBS Group Australia Enterprise Agreement 2017.

SBS Group Australia 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