DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRG Civil Pty Ltd
(AG2016/3948)

SRG CIVIL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the SRG Civil Pty Ltd 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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 31 August 2016. The nominal expiry date of the Agreement is 23 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

SRG Civil Pty Ltd recently appeared before the Fair Work Commission, seeking approval of the SRG Civil Pty Ltd Enterprise Agreement 2016. The agreement was made between SRG Civil Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The union contested certain provisions of the agreement, arguing they did not meet the requirements for an enterprise agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the contested provisions of the Enterprise Agreement complied with the legislative requirements for approval. Specifically, the Commission had to determine if the provisions were consistent with the provisions of the Fair Work Act, which require enterprise agreements to be in the best interests of the employees and to include certain minimum terms and conditions. The union's primary contention was that certain clauses did not provide adequate protections for employees, particularly in relation to redundancy and termination.

The Commission examined the provisions in detail, assessing whether they met the statutory criteria for approval. The Commission noted the employer's argument that the agreement was fair and reasonable, considering the economic context and the need for flexibility in the industry. However, the union maintained that the provisions failed to sufficiently safeguard employee interests. Ultimately, the Commission found that while the overall agreement was in the best interests of the employees, certain clauses needed to be modified to meet the legislative requirements. The Commission directed the parties to negotiate and revise the agreement to address the concerns raised. Following the negotiations, the Commission approved the revised agreement, ensuring it complied with the statutory criteria.

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