SRG Global Civil Pty Ltd

[2022] FWCA 1024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SRG Global Civil Pty Ltd

(AG2022/340)

SRG Global Civil Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 23 MARCH 2022

Application for approval of the SRG Global Civil Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the SRG Global Civil Pty Ltd Enterprise Agreement 2022 (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 Civil Pty Ltd. The Agreement is a single-enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2022. The nominal expiry date of the Agreement is 22 March 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves SRG Global Civil Pty Ltd and its employees, with the dispute centering around the approval of the Enterprise Agreement 2022. The Fair Work Commission was tasked with determining whether this agreement should be certified as a lawful enterprise agreement under the Fair Work Act 2009. The commission had to consider if the agreement complied with the legislative requirements and if it had been genuinely negotiated and agreed upon by the relevant parties.

The legal issues that the commission had to resolve included whether the agreement had been made by representatives of the employees and the employer in good faith and whether it contained the necessary provisions for employees' terms and conditions of employment. Furthermore, the commission needed to assess if the agreement had been properly notified to the relevant authorities and if it met the standards for a simple, clear, and concise document as required by the legislation.

The commission found that the Enterprise Agreement 2022 was made in good faith, with the necessary genuine negotiation taking place. It was also determined that the agreement contained all the required provisions and was simple, clear, and concise. The commission was satisfied that the agreement had been properly notified to the relevant authorities. Consequently, the commission approved the agreement, certifying it as a lawful enterprise agreement. The commission's decision was based on the comprehensive evidence presented by the parties, demonstrating compliance with the statutory requirements.

The final orders of the commission were that the Enterprise Agreement 2022 be certified as a lawful enterprise agreement, effective from the date of the decision. This certification allows the agreement to operate as a binding contract between SRG Global Civil Pty Ltd and its employees, providing the framework for their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established