SIMPEC Pty Ltd T/A SIMPEC Pty Ltd

[2024] FWCA 1430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SIMPEC Pty Ltd T/A SIMPEC Pty Ltd

(AG2024/1159)

SIMPEC PTY LTD ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 23 APRIL 2024

Application for approval of the SIMPEC Pty Ltd Enterprise Agreement 2024-2027

SIMPEC Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the SIMPEC Pty Ltd Enterprise Agreement 2024-2027 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 23 April 2024 and, in accordance with s 54, will operate from 30 April 2024. The nominal expiry date of the Agreement is 23 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, SIMPEC Pty Ltd T/A SIMPEC Pty Ltd was the subject of an application for the approval of the Enterprise Agreement 2024-2027. The applicant, SIMPEC Pty Ltd, sought to finalise the terms and conditions of employment for its employees, which were set out in the proposed agreement. The nature of the dispute centred on whether the proposed agreement complied with the relevant legislative requirements and whether it provided fair and reasonable terms for the employees. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the proposed agreement provided for fair and reasonable terms and conditions of employment, as required by the Fair Work Act. This included ensuring that the agreement did not unfavourably distinguish between employees, provided adequate minimum rates of pay, and adhered to other relevant legislative provisions. Additionally, the Commission had to consider the process by which the agreement was made, including whether it was genuinely negotiated and whether the necessary steps were followed in accordance with the law.

Upon reviewing the application, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay and other entitlements. The Commission also determined that the agreement was genuinely negotiated and that the process followed complied with the requirements of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2024-2027, effective from the date of the decision.

The final orders of the Commission included the approval of the Enterprise Agreement 2024-2027, which would govern the employment terms and conditions for the employees of SIMPEC Pty Ltd from the date of the decision. The Commission's approval was based on the finding that the agreement was fair and reasonable and that it complied with all relevant legislative requirements. The agreement would now serve as the basis for the employment terms between SIMPEC Pty Ltd and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established