SRG Global Asset Care Pty Ltd
[2024] FWCA 2679
•19 JULY 2024
| [2024] FWCA 2679 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SRG Global Asset Care Pty Ltd
(AG2024/2577)
SRG GLOBAL ASSET CARE (VICTORIA) AMWU ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 19 JULY 2024 |
Application for approval of the SRG Global Asset Care (Victoria) AMWU Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the SRG Global Asset Care (Victoria) AMWU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer SRG Global Asset Care Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 20 January 2023 and the Agreement was made on 28 June 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The consultation clause in the Agreement (clause 34) is silent as to consultation regarding a change to regular rosters or ordinary hours of work, as required by s.205(1)(a)(ii) of the Act. Pursuant to s.205(2), the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 19 July 2024 and, in accordance with s.54 of the Act, will operate from 26 July 2024. The nominal expiry date of the Agreement is 18 July 2027.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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