SGS Australia Pty Ltd

[2019] FWCA 5665

[2019] FWCA 5665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SGS Australia Pty Ltd
(AG2019/2512)

SGS COAL & TECHNICAL SERVICES NORTH QUEENSLAND ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 15 AUGUST 2019

Application for approval of the SGS Coal & Technical Services North Queensland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SGS Coal & Technical Services North Queensland Enterprise Agreement 2019 (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.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

- 30.5(b); and

- 31.

[3] However, noting clause 9 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement was approved on 15 August 2019 and, in accordance with s.54, will operate from 21 August 2019. The nominal expiry date of the Agreement is 20 August 2022.

COMMISSIONER

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