DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRG Building (Western) Pty Ltd
(AG2015/2292)

SRG BUILDING (WESTERN) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 16 APRIL 2015

Application for approval of the SRG Building (Western) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SRG Building (Western) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SRG Building (Western) Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from SRG Building (Western) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2015. The nominal expiry date of the Agreement is 16 April 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, SRG Building (Western) Pty Ltd, sought approval of the SRG Building (Western) Pty Ltd Enterprise Agreement 2015. The dispute centred on the terms of the proposed agreement and its compliance with the relevant industrial and employment laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The central legal issues before the Commission included whether the agreement was genuinely a product of bargaining, whether it provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for enterprise agreements. Additionally, the Commission had to assess whether the agreement complied with the "better off overall test" and whether it included appropriate dispute resolution mechanisms.

After examining the evidence and submissions from both parties, the Fair Work Commission concluded that the agreement was a genuine product of free and voluntary bargaining. The Commission found that the terms and conditions of the agreement were fair and reasonable, and that it met the "better off overall test". Furthermore, the Commission was satisfied that the agreement included appropriate dispute resolution mechanisms and complied with the procedural requirements for enterprise agreements. Consequently, the application for approval was granted.

The Commission ordered the approval of the SRG Building (Western) Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The agreement would now serve as the governing industrial instrument for the employees of SRG Building (Western) Pty Ltd, replacing any previously applicable awards or agreements.

SRG Building (Western) Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established