SGS Australia Pty Ltd
[2023] FWCA 2066
•5 JULY 2023
| [2023] FWCA 2066 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SGS Australia Pty Ltd
(AG2023/1779)
SGS WOLLONGONG AGREEMENT 2023
| Technical services | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 5 JULY 2023 |
Application for approval of the SGS Wollongong Agreement 2023.
SGS Australia Pty Ltd (the Employer) has made an application for the approval of the SGS Wollongong Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 17 – Abandonment of Employment and Clause 18.2 – Termination of Employment are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the APESMA and CFMMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2023. The nominal expiry date of the Agreement is 5 July 2027.
DEPUTY PRESIDENT
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Annexure A
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