Srg Global Infrastructure Pty Ltd T/A Srg Global
[2023] FWCA 926
•28 MARCH 2023
| [2023] FWCA 926 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Srg Global Infrastructure Pty Ltd T/A Srg Global
(AG2023/624)
SRG GLOBAL INFRASTRUCTURE PTY LTD ENTERPRISE AGREEMENT FOR ALCOA AUSTRALIA 2023
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 28 MARCH 2023 |
Application for approval of the SRG Global Infrastructure Pty Ltd Enterprise Agreement for Alcoa Australia 2023
SRG Global Infrastructure Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the SRG Global Infrastructure Pty Ltd Enterprise Agreement for Alcoa Australia 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.
National Employment Standards
I observe that clause 11.5 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining representative
The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 4 April 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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