DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SNC-Lavalin Australia Pty Ltd
(AG2018/7287)

SNCL AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 MARCH 2019

Application for approval of the SNCL Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SNCL 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 SNC-Lavalin 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 19 March 2019 and, in accordance with s.54, will operate from 26 March 2019. The nominal expiry date of the Agreement is 19 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, SNC-Lavalin Australia Pty Ltd, sought approval of a new enterprise agreement, the SNCL Agreement 2018, under the Fair Work Act 2009. The respondents were the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centered on whether the agreement met the requirements of the Act for fair and appropriate terms and conditions of employment. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the SNCL Agreement 2018 provided fair and appropriate terms and conditions, and if it met the requirements for "no disadvantage" under the Fair Work Act. The Commission had to assess whether the proposed changes in the agreement would disadvantage employees compared to their previous conditions, and if the agreement was made in good faith and without coercion.

The Fair Work Commission concluded that the SNCL Agreement 2018 did not disadvantage the employees and was made in good faith. The Commission found that the agreement provided fair and appropriate terms and conditions, and that there was no evidence of coercion. The agreement was approved as it met the statutory criteria for fair and appropriate terms. The Commission considered the provisions of the agreement to be balanced and reasonable, taking into account the interests of both the employer and employees.

The Fair Work Commission approved the SNCL Agreement 2018, finding it to be fair and appropriate. The agreement was to be registered and would apply to the employees as of the specified commencement date. The Commission's decision was based on its finding that the agreement provided fair and appropriate terms and conditions, and that it met all statutory requirements for approval.

SNC-Lavalin 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