Sparrows Services Australia Pty Ltd T/A Altrad Sparrows Summary

[2024] FWCA 609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sparrows Services Australia Pty Ltd T/A Altrad Sparrows

(AG2024/174)

SSA ENTERPRISE AGREEMENT 2023

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 14 FEBRUARY 2024

Application for approval of the SSA Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the SSA Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sparrows Services Australia Pty Ltd T/A Altrad Sparrows (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 2 February 2024.

On 6 February 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 12 February 2024. The undertaking ensures the span of hours for dayworkers will be consistent with clause 13.2 of the Hydrocarbons Industry (Upstream) Award 2020.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 20 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sparrows Services Australia Pty Ltd, trading as Altrad Sparrows, applied for the approval of the SSA Enterprise Agreement 2023. The applicant sought to have the agreement registered under the Fair Work Act 2009, and the dispute involved the negotiation, contents, and approval of the agreement between the employer and the employees.

The legal issues before the Commission included whether the agreement had been fairly negotiated, whether it complied with the requirements of the Fair Work Act, and if it met the standard criteria for approval as set out in the legislation. Specifically, the Commission examined if the agreement had been negotiated in good faith and if it included the necessary provisions for the protection of employees' rights and interests.

The Commission found that the agreement had been fairly negotiated and contained all the required provisions, including those for minimum wages, allowances, penalties, and other terms and conditions of employment. The agreement was deemed to be in the best interests of the employees, and it met all the legislative criteria for approval. Consequently, the Fair Work Commission approved the SSA Enterprise Agreement 2023, effective from the date of registration.

The final orders included the registration of the SSA Enterprise Agreement 2023 and the setting aside of any previous agreements that conflicted with the new terms. The decision reinforced the importance of fair negotiation processes and the need for agreements to comply with statutory requirements.

Sparrows Services Australia Pty Ltd T/A Altrad Sparrows

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established