DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SD Civil Engineering Pty Ltd T/A SD Group Civil and Infrastructure Services
(AG2021/276)

SD GROUP AND EMPLOYEES ENTERPRISE AGREEMENT 2021-2022

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 10 MARCH 2021

Application for approval of the SD Group and Employees Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the SD Group and Employees Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SD Civil Engineering Pty Ltd T/A SD Group Civil and Infrastructure Services (the Applicant). The Agreement is a multi-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2021. The nominal expiry date of the Agreement is 10 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between SD Civil Engineering Pty Ltd, trading as SD Group Civil and Infrastructure Services, and its employees. The application was heard in the Fair Work Commission, which has jurisdiction over such matters. The dispute centred on the validity and fairness of the proposed agreement, including its terms and conditions, which needed to be assessed in line with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it had been made in good faith, and whether it provided for appropriate processes for the resolution of employee disputes. The Commission also needed to consider whether the agreement was free from prohibited content, such as provisions that were discriminatory or that undermined the ability of employees to engage in protected industrial action.

In its decision, the Commission found that the agreement was made in good faith and contained appropriate processes for the resolution of employee disputes. It also found that the agreement was free from prohibited content. The Commission noted that the agreement provided for a range of benefits for employees, including improved pay and conditions, and that these benefits were consistent with the principles of the Fair Work Act. The Commission was satisfied that the agreement was fair and appropriate, and accordingly approved it.

The Fair Work Commission approved the SD Group and Employees Enterprise Agreement 2021-2022, finding it to be made in good faith and free from prohibited content. The agreement, which provides for improved pay and conditions for employees, was deemed fair and appropriate under the Fair Work Act 2009.

SD Civil Engineering Pty Ltd T/A SD Group Civil and Infrastructure Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established