SBS Minto Pty Ltd T/A SBS Minto Pty Ltd Summary

[2022] FWCA 2127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SBS Minto Pty Ltd T/A SBS Minto Pty Ltd

(AG2022/1955)

SBS Minto Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 28 JUNE 2022

Application for approval of the SBS Minto Pty Ltd Enterprise Agreement 2022.

SBS Minto Pty Ltd T/A SBS Minto Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SBS Minto Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 28 June 2022 and, in accordance with s.54, will operate from 5 July 2022. The nominal expiry date of the Agreement is 5 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SBS Minto Pty Ltd, trading as SBS Minto Pty Ltd, has applied to the Fair Work Commission for the approval of their Enterprise Agreement 2022. This application pertains to the employment conditions of employees working under the agreement, who are engaged in the construction industry. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with assessing whether the agreement met the legal requirements for approval and whether it provided for fair and reasonable terms and conditions for the employees.

The primary legal issues the Fair Work Commission had to address included whether the agreement contained all the mandated terms and conditions as outlined in the Fair Work Act, and whether it adhered to the "better off overall test." This test requires that the employees be no worse off financially under the new agreement and, where applicable, be better off overall. The Commission also had to consider whether the agreement contained any provisions that could potentially undermine industrial harmony or the rights of employees.

The Fair Work Commission determined that the Enterprise Agreement 2022 by SBS Minto Pty Ltd complied with the statutory requirements and met the "better off overall test." The Commission found that the agreement provided fair and reasonable terms and conditions for the employees and did not contain any provisions that would undermine industrial harmony or the rights of employees. Consequently, the Commission approved the agreement, affirming its validity and enforceability under the Fair Work Act.

The Fair Work Commission issued an order approving the SBS Minto Pty Ltd Enterprise Agreement 2022. The agreement is now legally binding on the parties involved, and the employees will be governed by the terms set forth in the approved agreement. The approval ensures that the agreement will provide a fair and reasonable framework for the employment conditions of the employees within SBS Minto Pty Ltd.

SBS Minto Pty Ltd T/A SBS Minto Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established