DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SG Cladding Pty Ltd.
(AG2017/70)

SG CLADDING PTY LTD ENTERPRISE AGREEMENT NOVEMBER 2016 - 1 JANUARY 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2017

Application for approval of the SG Cladding Pty Ltd Enterprise Agreement November 2016 - 1 January 2020.

[1] An application has been made for approval of an enterprise agreement known as the SG Cladding Pty Ltd Enterprise Agreement November 2016 - 1 January 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SG Cladding 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2017. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SG Cladding Pty Ltd, a company involved in the construction industry, sought approval for their enterprise agreement covering the period from November 2016 to 1 January 2020. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant statutory requirements and if it was fair and reasonable in all its terms.

The central legal issues that the Commission had to resolve included whether the agreement met the procedural prerequisites for approval, such as the proper provision of notice and opportunity for employees to be consulted. Additionally, the Commission needed to assess whether the terms of the agreement were fair and reasonable, taking into account the broader economic context and the interests of the employees.

In delivering its decision, the Commission found that the procedural requirements were met, as the company had provided the necessary notices and allowed for sufficient consultation with the employees. The Commission then proceeded to evaluate the fairness and reasonableness of the agreement's terms. It considered factors such as the nature of the work, the industry standards, and the overall economic environment. Ultimately, the Commission concluded that the agreement was fair and reasonable, and thus approved the enterprise agreement.

The Fair Work Commission's final orders were to approve the SG Cladding Pty Ltd Enterprise Agreement for the specified period, with the terms and conditions as outlined in the agreement being legally binding on the parties involved.

SG Cladding 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