DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SGS Australia Pty Ltd
(AG2018/889)

SGS AUSTRALIA MINERALS METALLURGY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 11 JULY 2018

Application for approval of the SGS Australia Minerals Metallurgy Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SGS Australia Minerals Metallurgy Enterprise Agreement 2018 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2018. The nominal expiry date of the Agreement is 10 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by SGS Australia Pty Ltd for approval of the SGS Australia Minerals Metallurgy Enterprise Agreement 2018. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from a disagreement over the terms of the proposed agreement between the applicant and the union representing the employees.

The legal issues before the Commission involved whether the agreement complied with the formal requirements of the Fair Work Act and whether it met the substantive fairness test. The Commission had to consider whether the agreement provided for a fair and reasonable outcome for the employees and whether it complied with the minimum standards set out in the Fair Work Act.

The Commission found that the agreement complied with the formal requirements of the Act, including the requirement for a majority of employees to vote in favour of the agreement. The Commission also found that the agreement met the substantive fairness test, as it provided for a fair and reasonable outcome for the employees and did not undermine the minimum standards set out in the Act. The Commission noted that the agreement provided for a number of benefits for the employees, including a pay increase and improved conditions of employment.

Accordingly, the Commission approved the agreement as a registered agreement under the Fair Work Act. The applicant's application was successful, and the agreement was registered on the date of the decision.

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