DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SMS Contracting Pty Ltd T/A SMS Contracting
(AG2017/4477)

SMS GROUP SERVICES ENTERPRISE AGREEMENT.

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JANUARY 2018

Application for approval of the SMS Group Services Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the SMS Group Services Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SMS Contracting Pty Ltd T/A SMS Contracting. The Agreement is a single enterprise agreement.

[2] 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2018. The nominal expiry date of the Agreement is 17 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of SMS Contracting Pty Ltd T/A SMS Contracting, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The application for approval was brought forth as the agreement had been certified by the Fair Work Commission's Registrar, yet it required formal endorsement to take effect. The employees, represented by a union, did not contest the application but raised concerns regarding certain clauses within the agreement.

The primary legal issues before the Commission involved the interpretation and validity of specific provisions within the proposed agreement. These included the definition of "shift", the classification of employees, and the terms of leave entitlements. The Fair Work Commission needed to determine whether these provisions complied with the Fair Work Act 2009 and whether they provided adequate protections for the employees.

The Commission meticulously examined each clause in question, balancing the need for flexibility in the workplace with the statutory protections afforded to employees. It found that while some provisions were clear and in line with the Act, others required minor amendments to ensure fairness and compliance. The Commission made necessary adjustments to the agreement, ensuring that it met the legal requirements while also protecting the interests of both the employer and the employees. As a result, the Fair Work Commission approved the agreement with the specified modifications.

SMS Contracting Pty Ltd T/A SMS Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established