DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SOS Excavations Pty Ltd
(AG2020/2633)

SOS EXCAVATIONS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 9 OCTOBER 2020

Application for approval of the SOS Excavations Pty Ltd and Employees Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the SOS Excavations Pty Ltd and Employees Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SOS Excavations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained errors at clauses 18.4, 19.5, 23.3 and 34.4. On 9 October 2020, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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. The undertakings are taken to be a term of the agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2020. The nominal expiry date of the Agreement is 9 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SOS Excavations Pty Ltd, an employer in the excavation industry, applied to the Fair Work Commission for approval of the SOS Excavations Pty Ltd and Employees Enterprise Agreement 2020-2024. The company sought to establish terms and conditions of employment for its employees as per the agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The key legal issue before the Commission was whether the agreement was a genuine enterprise agreement as defined by section 172 of the Act, and if it contained the minimum terms and conditions mandated by the Fair Work Act. The Commission also needed to consider whether the agreement provided fair and reasonable terms and conditions for the employees. The employer argued that the agreement was genuine and provided for fair and reasonable terms. The employees, represented by a union, contended that the agreement did not provide adequate protection for their rights and interests.

After examining the submissions and evidence presented, the Commission found that the agreement was a genuine enterprise agreement. The Commission considered the process by which the agreement was negotiated and the level of employee participation. The Commission also assessed the terms and conditions of the agreement against the minimum standards prescribed by the Act. The Commission concluded that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the industry and the specific circumstances of the employer and employees. The Commission approved the agreement as meeting the requirements of the Act.

In approving the agreement, the Commission made orders to give effect to the terms of the SOS Excavations Pty Ltd and Employees Enterprise Agreement 2020-2024. These orders included the registration of the agreement, which became a registered agreement under the Fair Work Act. The agreement now provides the terms and conditions of employment for the employees of SOS Excavations Pty Ltd until the end of the specified period. The employees and the employer are bound by the terms of the agreement, which sets out their rights and obligations in relation to employment.

SOS Excavations 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