SRG Global CASC Pty Ltd

[2024] FWCA 847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SRG Global CASC Pty Ltd

(AG2024/466)

SRG GLOBAL CASC PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 6 MARCH 2024

Application for approval of the RG Global CASC Pty Ltd and CFMEU (WA) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the RG Global CASC Pty Ltd and CFMEU (WA) Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SRG Global CASC Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 January 2024 and the Agreement was made on 23 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union (the CFMEU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union (the CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, SRG Global CASC Pty Ltd applied for approval of the RG Global CASC Pty Ltd and CFMEU (WA) Enterprise Agreement 2024-2027. The applicant and the union had entered into an agreement covering employment conditions for certain employees. The union sought approval of the agreement, which the applicant opposed on the basis that the agreement did not comply with certain legislative requirements.

The central legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the applicant argued that the agreement failed to address several statutory matters, including minimum rates of pay and penalty rates. The union countered that the agreement was comprehensive and met all necessary criteria.

The Commission examined the provisions of the agreement in detail, considering whether they addressed the statutory matters in question. The Commission noted that the agreement did provide for minimum rates of pay and penalty rates, albeit in a somewhat indirect manner. The Commission concluded that, despite some deficiencies, the agreement generally met the requirements for approval. It found that the benefits of the agreement to the employees outweighed any shortcomings, and approved the agreement accordingly.

The Commission ordered the approval of the RG Global CASC Pty Ltd and CFMEU (WA) Enterprise Agreement 2024-2027, subject to certain conditions designed to address the deficiencies identified in the applicant's submissions. The agreement is now registered and binding on the parties from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established