Sgs Australia Pty Ltd T/A Sgs Australia Pty Ltd

[2024] FWCA 3507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sgs Australia Pty Ltd T/A Sgs Australia Pty Ltd

(AG2024/3293)

SGS NEWCASTLE ENTERPRISE AGREEMENT 2024

Scientific services
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 OCTOBER 2024

Application for approval of the SGS Newcastle Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the SGS Newcastle Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sgs Australia Pty Ltd T/A Sgs Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Australian Manufacturing Workers’ Union (AMWU), and Australian Workers’ Union (AWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

AMWU; and
AWU.

In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2024. The nominal expiry date of the Agreement is 4 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Deputy President involved a dispute regarding the application for approval of the SGS Newcastle Enterprise Agreement 2024. SGS Australia Pty Ltd, trading as SGS Australia, had submitted the agreement for approval, which outlined the terms and conditions of employment for employees in the Newcastle region. The applicants, presumably the employer, sought the Commission's approval to ensure that the agreement met the necessary legal standards and requirements under the Fair Work Act 2009.

The primary legal issues that the Deputy President was required to address included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements of the Fair Work Act, including the provision of procedural fairness. The Deputy President also needed to consider if the agreement had been made in good faith, without any element of coercion or undue influence, and whether it met the standards set by the existing industrial instruments and the Fair Work (Registered Organisations) Act 2009.

In reaching a decision, the Deputy President reviewed the submissions and evidence presented by both parties. The Deputy President found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of both employees and the employer. Furthermore, the Deputy President determined that the agreement had been made in good faith, without any undue influence or coercion, and that it complied with the provisions of the Fair Work Act. Consequently, the Deputy President approved the SGS Newcastle Enterprise Agreement 2024.

The Deputy President's final orders included the approval of the SGS Newcastle Enterprise Agreement 2024, effective from the date of the decision. This approval ensured that the agreement would be applicable to the employees in the Newcastle region, and it provided a framework for the terms and conditions of their employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established