DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SMS Resource Solutions Pty Ltd
(AG2015/6683)

SMS RESOURCE SOLUTIONS PTY LTD EMPLOYEES ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2015

Application for approval of the SMS Resource Solutions Pty Ltd Employees Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the SMS Resource Solutions Pty Ltd Employees Enterprise Agreement 2015 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SMS Resource Solutions Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 10 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by SMS Resource Solutions Pty Ltd for the approval of the SMS Resource Solutions Pty Ltd Employees Enterprise Agreement 2015-2019. The applicants sought to have the agreement approved under the Fair Work Act 2009, as a single interest employer agreement. The Commission was required to determine whether the agreement met the procedural and substantive fairness tests as outlined in the Act.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, whether it complied with the procedural fairness requirements, and whether it contained terms that were substantively fair. The applicants argued that the agreement was the product of genuine negotiations and that it complied with all procedural requirements, including the provision of relevant information and the opportunity for consultation. Furthermore, they contended that the agreement contained terms that were fair and reasonable in all respects. The Commission needed to examine the evidence and submissions to ascertain whether these contentions were substantiated.

After reviewing the evidence and submissions, the Commission found that the agreement was the product of genuine negotiations and that it complied with all procedural fairness requirements. The Commission noted that the applicants had provided relevant information and had afforded the employees an opportunity for consultation. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the nature of the enterprise, the employees' needs, and the overall bargaining context. Accordingly, the Commission approved the agreement as a single interest employer agreement under the Act.

The Fair Work Commission approved the SMS Resource Solutions Pty Ltd Employees Enterprise Agreement 2015-2019 as a single interest employer agreement. The Commission found that the agreement was the product of genuine negotiations, that it complied with all procedural fairness requirements, and that it contained terms that were fair and reasonable in all respects. The approval of the agreement ensures that the employees of SMS Resource Solutions Pty Ltd are covered by a modern, fair and effective enterprise agreement.

SMS Resource Solutions 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