DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRG Civil Pty Ltd
(AG2016/6479)

SRG CIVIL PTY LTD (WEST) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 DECEMBER 2016

Application for approval of the SRG Civil Pty Ltd (West) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SRG Civil Pty Ltd (West) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SRG Civil 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 2 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by SRG Civil Pty Ltd for the approval of the SRG Civil Pty Ltd (West) Enterprise Agreement 2016. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was heard by Commissioner J M Ryan.

The primary legal issues revolved around whether the agreement provided for the terms and conditions of employment, and whether it was made in good faith and covered employees who were genuinely affected by the agreement. Additionally, the court had to consider if the agreement complied with the "better off overall test" and whether the process of making the agreement was fair and appropriate.

Commissioner Ryan determined that the application for approval should be granted. The Commissioner found that the agreement met all the necessary legal requirements, including the better off overall test, and was made in good faith. The process of making the agreement was deemed fair and appropriate, and it was concluded that the agreement was genuinely made for the employees it covered.

As a result of the determination, the Fair Work Commission approved the SRG Civil Pty Ltd (West) Enterprise Agreement 2016, effective from 1 March 2016. The agreement was to be registered with the Fair Work Commission and would apply to the employees specified within it.

SRG Civil 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