SGQ Pty Ltd T/A SGQ Summary

[2022] FWCA 2302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SGQ Pty Ltd T/A SGQ

(AG2022/2226)

SGQ Group Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MOLTONI	BRISBANE, 11 JULY 2022

Application for approval of the SGQ Group Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the SGQ Group Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SGQ Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SGQ Pty Ltd trading as SGQ, applied to the Fair Work Commission for the approval of the SGQ Group Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for SGQ's employees, including issues such as wages, working hours, and leave entitlements. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal standards for approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement provided for minimum rates of pay, penalties for exceeding maximum weekly hours, and adequate leave entitlements, among other requirements. Additionally, the Commission needed to consider whether the agreement had been made in good faith and whether it met the criteria for being a single, indivisible enterprise agreement.

The Fair Work Commission found that the SGQ Group Enterprise Agreement 2022 was compliant with the Fair Work Act 2009. The Commission noted that the agreement provided for appropriate minimum rates of pay, penalties for exceeding maximum weekly hours, and adequate leave entitlements. Furthermore, the Commission was satisfied that the agreement had been made in good faith and that it met the criteria for being a single, indivisible enterprise agreement. As a result, the Commission approved the SGQ Group Enterprise Agreement 2022.

The Fair Work Commission approved the SGQ Group Enterprise Agreement 2022, effective from the date of the decision. The approval ensures that the terms and conditions of employment for SGQ's employees are legally compliant and that the agreement serves as a basis for the fair and equitable treatment of employees within the organisation. This decision provides clarity and certainty for both SGQ and its employees regarding the employment terms and conditions moving forward.

SGQ Pty Ltd T/A SGQ

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established