DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SOS Excavations Pty Ltd
(AG2016/5499)

SOS EXCAVATIONS PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2016

Application for approval of the SOS EXCAVATIONS Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the SOS EXCAVATIONS Pty Ltd Enterprise Agreement 2016-2020 (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 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.202(4) of the Act, the model flexibility 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 11 October 2016. The nominal expiry date of the Agreement is 3 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of SOS Excavations Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between the company and its employees, covering the period from 2016 to 2020. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. The applicants were the employer, SOS Excavations Pty Ltd, and the respondents were the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union.

The legal issues before the Commission included whether the agreement was fairly negotiated and whether it complied with the provisions of the Fair Work Act. Key points of contention were the classification of employees and the terms regarding pay rates, conditions of employment, and the dispute resolution process. The Commission also had to consider whether the agreement provided for minimum rates of pay and conditions as per the relevant awards and whether it met the requirements for simplicity and transparency.

The Fair Work Commission determined that the agreement was fairly negotiated and complied with the Fair Work Act. The Commission noted that the agreement had been developed through a process that involved genuine negotiation between the parties, and that it included provisions for minimum rates of pay and conditions that were not less favourable than those provided by the relevant awards. The Commission also found that the agreement was transparent and simple, and therefore met the statutory requirements. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was that the SOS Excavations Pty Ltd Enterprise Agreement 2016-2020 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect and govern the employment conditions of the employees covered by the agreement.

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