Sgs Australia Pty Ltd T/A Sgs Australia Pty Ltd

[2024] FWCA 3803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sgs Australia Pty Ltd T/A Sgs Australia Pty Ltd

(AG2024/3751)

SGS PRELUDE CHEMISTS ENTERPRISE AGREEMENT 2024

Scientific services
COMMISSIONER SCHNEIDER	PERTH, 30 OCTOBER 2024

Application for approval of the SGS Prelude Chemists Enterprise Agreement 2024

Sgs Australia Pty Ltd T/A Sgs Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the SGS Prelude Chemists Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 November 2024. The nominal expiry date of the Agreement is 31 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SGS Australia Pty Ltd, trading as SGS Australia Pty Ltd, applied for approval of the SGS Prelude Chemists Enterprise Agreement 2024. The dispute before the court concerned the procedural fairness of the process by which the enterprise agreement was reached. The Fair Work Commission was the relevant body that had to approve the agreement before it could be enforced.

The legal issues before the court involved the fairness of the negotiation process and the adequacy of the agreement in terms of procedural fairness. The court had to determine whether the agreement was made in a manner that complied with the relevant legislative requirements, particularly under the Fair Work Act 2009. This included assessing whether there was genuine bargaining between the employer and the employees, and whether the agreement fairly reflected the outcomes of that bargaining.

In its decision, the court considered the evidence provided by both parties and the submissions made. The court found that the negotiation process was conducted in a manner that was procedurally fair, and that the agreement reflected the outcomes of genuine bargaining. The court also found that the agreement was fair and reasonable in its terms. Therefore, the application for approval of the enterprise agreement was successful. The court ordered that the SGS Prelude Chemists Enterprise Agreement 2024 be approved and registered by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established