SGS Australia Pty Ltd

[2023] FWCA 2813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

SGS Australia Pty Ltd

(AG2023/2849)

SGS COAL & TECHNICAL SERVICES NORTH QUEENSLAND ENTERPRISE AGREEMENT 2023

Technical services
COMMISSIONER DURHAM	BRISBANE, 1 SEPTEMBER 2023

Application for approval of the SGS Coal & Technical Services North Queensland Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the SGS Coal & Technical Services North Queensland Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SGS Australia Pty Ltd applied to the Fair Work Commission for approval of the SGS Coal & Technical Services North Queensland Enterprise Agreement 2023. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009, as a low-paid enterprise agreement. The applicant argued that the agreement met the criteria for low-paid status under section 233 of the Act. The applicant submitted that the majority of employees covered by the agreement were low-paid workers, and that the agreement provided for a fair and reasonable level of pay and conditions for those employees.

The legal issues before the Commission were whether the majority of the employees covered by the agreement were low-paid workers, and whether the agreement provided for a fair and reasonable level of pay and conditions for those employees. The Commission considered the evidence and submissions from both parties, and determined that the majority of the employees covered by the agreement were low-paid workers. The Commission also found that the agreement provided for a fair and reasonable level of pay and conditions for those employees. The Commission approved the agreement under section 231 of the Act.

The Commission found that the agreement met the criteria for low-paid status under section 233 of the Act, as the majority of the employees covered by the agreement were low-paid workers. The Commission considered the evidence and submissions from both parties, and determined that the agreement provided for a fair and reasonable level of pay and conditions for those employees. The Commission approved the agreement under section 231 of the Act. The Commission considered the evidence and submissions from both parties, and determined that the agreement met the criteria for low-paid status under section 233 of the Act, as the majority of the employees covered by the agreement were low-paid workers. The Commission also found that the agreement provided for a fair and reasonable level of pay and conditions for those employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established