SRG Global Asset Care Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

SRG Global Asset Care Pty Ltd sought approval for the SRG Global Asset Care (Victoria) AMWU Enterprise Agreement 2024, which was a matter before the Fair Work Commission. The application was brought by the employer, SRG Global Asset Care, to obtain the necessary certification for the agreement that outlined the terms and conditions of employment for its employees covered by the agreement. The Australian Manufacturing Workers' Union (AMWU) was the bargaining agent representing the employees.

The legal issues that the Commission was required to decide centered on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it contained the mandated minimum terms and conditions, and whether it had been negotiated in good faith and without coercion. Another key issue was whether the agreement provided for fair and reasonable terms and conditions for the employees covered by it.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained the required minimum terms and conditions. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it met the statutory requirements for approval. Consequently, the Commission approved the agreement, certifying it for the purposes of the Act. The employer could now implement the terms and conditions of the agreement, and the employees were bound by its provisions. The union representing the employees also gained the ability to enforce the agreement on behalf of its members.

SRG Global Asset Care Pty Ltd

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