Srg Global Infrastructure Pty Ltd T/A Srg Global Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Srg Global Infrastructure Pty Ltd, trading as Srg Global, to have the Srg Global Infrastructure Pty Ltd Enterprise Agreement for Alcoa Australia 2023 approved. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions set out in the proposed enterprise agreement and whether they complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the criteria for being a single, integrated, and effective agreement, and whether the agreement provided for a fair and reasonable resolution of the parties' bargaining issues. Specifically, the Commission had to determine if the agreement provided for adequate protections for employees, including provisions for wages, hours of work, and other conditions of employment, and if it complied with the good faith bargaining requirements.

In considering these issues, the Commission examined the submissions and evidence provided by both parties. The Commission noted that the proposed agreement contained provisions that were fair and reasonable, and that it provided for effective and integrated terms and conditions for employees. The Commission also found that the agreement met the requirements for being a single, integrated, and effective agreement, and that it provided for a fair and reasonable resolution of the parties' bargaining issues. The Commission further found that the agreement complied with the good faith bargaining requirements, and that there were no procedural irregularities in the bargaining process.

Accordingly, the Commission approved the Srg Global Infrastructure Pty Ltd Enterprise Agreement for Alcoa Australia 2023, subject to the terms and conditions set out in the approval order. The approval order included provisions for the agreement to be registered with the Fair Work Commission, and for the agreement to be provided to all employees covered by the agreement. The order also included provisions for the agreement to be reviewed and amended as necessary, and for any disputes arising under the agreement to be resolved through the Fair Work Commission's dispute resolution processes.

Srg Global Infrastructure Pty Ltd T/A Srg Global

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established