DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SGS Australia Pty Ltd T/A SGS Australia Pty Ltd
(AG2019/926)

SGS NEWCASTLE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 JUNE 2019

Application for approval of the SGS Newcastle Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SGS Newcastle 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 T/A SGS Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SGS Australia Pty Ltd T/A SGS Australia Pty Ltd was the subject of an application for the approval of the SGS Newcastle Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be approved as a registered instrument. The application was made by the employer, SGS Australia, and opposed by the union representing the employees, the National Union of Workers. The dispute centred on the terms of the proposed agreement and whether they complied with relevant industrial laws and standards.

The legal issues before the Commission included whether the agreement met the formal requirements for registration, such as being in writing and being signed by the employer and the union representative. Additionally, the Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions of employment. This involved assessing whether the agreement provided adequate protections for employees, including minimum wages, hours of work, and leave entitlements. The Commission also considered whether the agreement facilitated a fair process for resolving workplace disputes.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the proposed agreement did meet the formal requirements for registration and provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement provided adequate protections for employees, including minimum wages, hours of work, and leave entitlements, and facilitated a fair process for resolving workplace disputes. Accordingly, the Commission approved the application and registered the SGS Newcastle Enterprise Agreement 2018 as a registered instrument. The decision was based on a careful analysis of the evidence and the application of relevant industrial laws and standards.

SGS Australia Pty Ltd T/A 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