DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Site Services Group Pty Ltd
(AG2015/1107)

SITE SERVICES GROUP PTY LTD ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MAY 2015

Application for approval of the Site Services Group Pty Ltd Enterprise Agreement 2015-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 May 2015 by Site Services Group Pty Ltd for the approval of a single-enterprise agreement known as the Site Services Group Pty Ltd Enterprise Agreement 2015-2018(“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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Site Services Group Pty Ltd was the subject of an application for approval of their Enterprise Agreement 2015-2018. The Fair Work Commission (FWC) was asked to approve the agreement under the Fair Work Act 2009. The applicant, Site Services Group Pty Ltd, sought the approval of their proposed enterprise agreement which had been negotiated between the company and its employees represented by the Electrical Trades Union of Australia. The dispute centred on whether the proposed agreement met the requirements for approval under the Act, including that it provided for fair and reasonable terms and conditions, and that it had been genuinely agreed to by the parties.

The legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for approval and whether it contained terms that were fair and reasonable. Specifically, the Commission had to consider whether the proposed agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed to by the parties. The Commission also had to consider whether the proposed agreement provided for adequate protection for employees in relation to termination of employment, and whether the proposed agreement contained provisions that were inconsistent with the National Employment Standards.

The Commission found that the proposed agreement met the requirements for approval under the Act. The Commission considered that the agreement provided for fair and reasonable terms and conditions, and that it had been genuinely agreed to by the parties. The Commission noted that the proposed agreement provided for adequate protection for employees in relation to termination of employment, and that it contained provisions that were consistent with the National Employment Standards. The Commission also noted that the proposed agreement contained provisions that were reasonable in all the circumstances, including provisions relating to classification and remuneration. The Commission concluded that the proposed agreement should be approved.

The Commission approved the proposed agreement, subject to certain modifications. The modifications related to the classification of certain employees and the calculation of penalty rates. The Commission noted that the modifications were necessary to ensure that the agreement provided for fair and reasonable terms and conditions, and that it was consistent with the National Employment Standards. The Commission also noted that the modifications were minor and would not have a significant impact on the operation of the agreement. The Commission concluded that the modified agreement met the requirements for approval under the Act, and ordered that it be approved as a registered agreement.

Site Services Group Pty Ltd

DECISION

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