DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRG Building (Western) Pty Ltd
(AG2019/1018)

SRG BUILDING (WESTERN) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 8 JULY 2019

Application for approval of the SRG Building (Western) Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SRG Building (Western) Pty Ltd Enterprise Agreement 2019 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2019. The nominal expiry date of the Agreement is 8 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of SRG Building (Western) Pty Ltd, the Fair Work Commission was asked to consider the application for approval of the Enterprise Agreement 2019. The applicant, SRG Building (Western) Pty Ltd, sought the commission's approval of the agreement which had been negotiated with its employees. The respondents included various unions representing the employees and other interested parties who had lodged submissions.

The central legal issue before the commission was whether the Enterprise Agreement 2019 met the criteria set out in the Fair Work Act 2009 for approval. Specifically, the commission had to determine if the agreement was in the public interest, free from any improper purpose, and whether it complied with the procedural requirements of the Act. Additionally, the commission needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the Enterprise Agreement 2019 met all the necessary criteria for approval. The commission noted that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The commission also concluded that the agreement was in the public interest and did not serve any improper purpose. Furthermore, the commission found that all procedural requirements under the Act had been properly followed. Consequently, the commission approved the Enterprise Agreement 2019.

The commission's decision was rendered on the basis that the agreement was fair, reasonable, and in the public interest. As a result, the commission approved the Enterprise Agreement 2019, effective from the date of the decision. The approval ensures that the terms and conditions set out in the agreement are legally binding between the parties involved.

SRG Building (Western) 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