SGS Australia Pty Ltd

[2018] FWCA 82

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SGS Australia Pty Ltd

(AG2017/4065)

SGS Wollongong Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Gregory	MELBOURNE, 4 JANUARY 2018

Application for approval of the SGS Wollongong Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the SGS Wollongong 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 SGS Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Australian Workers’ Union, Construction, Forestry, Mining and Energy Union and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 11 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SGS Australia Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the SGS Wollongong Enterprise Agreement 2017. The dispute arose as the applicant sought to have the agreement recognised and enforced under the Fair Work Act 2009. The nature of the disagreement centred on whether the agreement complied with the statutory requirements for an enterprise agreement, including matters such as coverage, bargaining representation, and procedural fairness.

The primary legal issues before the commission were whether the agreement was made in good faith and whether it complied with the provisions of the Fair Work Act. Specifically, the commission had to determine if the agreement was fairly negotiated, covered the appropriate employee group, and adhered to procedural fairness. Additionally, the applicant needed to demonstrate that the agreement was not contrary to public policy or industrial relations principles.

In its decision, the commission considered the evidence provided by both parties and the statutory requirements outlined in the Fair Work Act. It found that the agreement was indeed made in good faith, was fairly negotiated, and covered the appropriate employee group. The commission also determined that the agreement complied with procedural fairness and did not contravene any public policy or industrial relations principles. Consequently, the commission approved the SGS Wollongong Enterprise Agreement 2017, allowing it to be registered and enforced.

The Fair Work Commission approved the application for the SGS Wollongong Enterprise Agreement 2017 to be registered. This decision recognised the agreement as valid and enforceable under the Fair Work Act, ensuring that it could be applied to the relevant employees and employers as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established