DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SGA Rigging Pty Ltd T/A SGA Engineering
(AG2017/2007)

SGA RIGGING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2017

Application for approval of the SGA Rigging Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SGA Rigging Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SGA Rigging Pty Ltd T/A SGA Engineering. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2017. The nominal expiry date of the Agreement is 28 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, SGA Rigging Pty Ltd trading as SGA Engineering, sought approval of an Enterprise Agreement 2017 from the Fair Work Commission. The respondents, represented by the Australian Manufacturing Workers' Union, opposed the application on various grounds, including that the agreement did not provide for adequate minimum rates of pay and conditions for certain employees.

The central legal issue before the Fair Work Commission was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the "better off overall test". The Commission also considered whether the agreement contained adequate provisions for minimum rates of pay, including allowances for penalty rates, shift loadings, and overtime.

In reaching its decision, the Fair Work Commission examined the specific provisions of the Enterprise Agreement and compared them with the relevant awards and the minimum terms and conditions set out in Schedule 2 of the Fair Work Act. The Commission found that while the agreement contained some deficiencies, particularly in relation to penalty rates for certain shifts, the overall terms and conditions provided for by the agreement were fair and reasonable. Furthermore, the Commission concluded that the agreement met the "better off overall test" as it provided for improvements in various aspects of employment conditions, including wages and leave entitlements. The Commission approved the Enterprise Agreement with some modifications to address the identified deficiencies.

The Fair Work Commission's final orders included the approval of the SGA Rigging Pty Ltd Enterprise Agreement 2017, subject to certain modifications regarding penalty rates and shift loadings. The agreement was to be certified as providing for the minimum terms and conditions of employment, effective from the date of the Commission's decision. The modifications were to be implemented by the parties within a specified timeframe, ensuring that employees received the correct rates and conditions as per the approved agreement.

SGA Rigging Pty Ltd T/A SGA Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established