DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SGS Australia Pty Ltd
(AG2019/71)

SGS AUSTRALIA HUNTER VALLEY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2019

Application for approval of the SGS Australia Hunter Valley Enterprise Agreement 2018

[1] SGS Australia Pty Ltd has made an application for approval of an enterprise agreement known as the SGS Australia Hunter Valley Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 13 May 2019 and, in accordance with s 54, will operate from 20 May 2019. The nominal expiry date of the Agreement is 20 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were SGS Australia Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the SGS Australia Hunter Valley Enterprise Agreement 2018, which was submitted to the Fair Work Commission for consideration. The legal issues the court needed to decide related to whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuinely negotiated and not a imposed agreement, and if it contained the required minimum terms and conditions of employment.

The court carefully examined the process through which the agreement was negotiated and concluded that it was genuinely negotiated, not imposed. The court found that the negotiation process involved genuine discussions and compromises between the parties, fulfilling the requirement for a bona fide negotiation process. Additionally, the court confirmed that the agreement contained all the mandated minimum terms and conditions as prescribed by the Fair Work Act, thus meeting the legislative requirements for approval. Given these findings, the court approved the application for the agreement.

The court's decision was grounded in its assessment of the negotiation process and the content of the agreement. By finding that the negotiation process was genuine, the court ensured that the employees' interests were adequately represented and protected. Furthermore, the inclusion of all required minimum terms and conditions within the agreement reassured the court that the agreement would provide fair and lawful terms for the employees. The outcome of the case was that the Fair Work Commission approved the SGS Australia Hunter Valley Enterprise Agreement 2018, thereby allowing it to be legally binding between the employer and the employees.

SGS Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established