DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SBS Group Australia Pty Ltd T/A Side by Side Group
(AG2019/994)

SBS GROUP AUSTRALIA & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JUNE 2019

Application for approval of the SBS Group Australia & The Australian Workers’ Union Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SBS Group Australia & The Australian Workers’ Union Agreement 2019 (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 T/A Side by Side Group. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved SBS Group Australia Pty Ltd trading as Side by Side Group and The Australian Workers’ Union. The dispute centred on the application for the approval of the SBS Group Australia and The Australian Workers’ Union Agreement 2019. The application was heard in the Fair Work Commission.

The primary legal issue before the Court was whether the agreement in question met the necessary standards for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately negotiated. The Court also needed to determine if the agreement was in the best interests of the employees covered by it.

In delivering the decision, the Court considered the evidence provided by both parties, as well as the provisions of the Fair Work Act. The Court found that the agreement was fair and reasonable, and that it was appropriately negotiated. The Court also concluded that the agreement was in the best interests of the employees. The Court emphasised the importance of maintaining a balance between the interests of employers and employees, and found that this agreement achieved that balance. As a result, the Court approved the SBS Group Australia and The Australian Workers’ Union Agreement 2019.

The Court made an order approving the agreement as compliant with the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and would be in effect from the date of the decision.

SBS Group Australia Pty Ltd T/A Side by Side Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established