SES Labour Solutions Pty Ltd

[2013] FWCA 2467

FAIR WORK COMMISSION

DECISION

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

SES Labour Solutions Pty Ltd
(AG2013/5904)

SES LABOUR SOLUTIONS EMPLOYEE CONSTRUCTION ON-SITE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 APRIL 2013

Application for approval of the SES Labour Solutions Employee Construction On-site Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 April 2013 by SES Labour Solutions Pty Ltd for the approval of a single-enterprise agreement known as the SES Labour Solutions Employee Construction On-site Enterprise Agreement 2013 (“the Agreement”).

[2] 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SES Labour Solutions Pty Ltd applied for approval of the SES Labour Solutions Employee Construction On-site Enterprise Agreement 2013. The application was before the Fair Work Commission, where the respondent, United Voice, represented employees. The dispute involved the terms and conditions of the proposed enterprise agreement, with United Voice raising objections on behalf of the employees.

The legal issues the court needed to resolve were whether the agreement was in the best interests of the employees and whether it met the statutory requirements for approval under the Fair Work Act 2009. Key concerns included the agreement's provisions on wages, working hours, and conditions of employment. The court had to consider whether the agreement provided fair and reasonable terms for employees and if it complied with the provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms, including provisions for wages, overtime, and conditions of employment. The Commission also found that the agreement complied with the statutory requirements for approval, including the mandatory provisions of the Fair Work Act. Consequently, the Fair Work Commission approved the SES Labour Solutions Employee Construction On-site Enterprise Agreement 2013.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, effective from the date of the decision. The court's approval ensures that the agreement can be implemented, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established