DECISION

Fair Work Act 2009
s.210—Enterprise agreement

SRG Services (Western) Pty Ltd T/A SRG
(AG2017/2911)

SRG SERVICES (WESTERN) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 28 JULY 2017

Application for variation of the SRG Services (Western) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of the SRG Services (Western) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by SRG Services (Western) Pty Ltd T/A SRG. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the matter of SRG Services (Western) Pty Ltd T/A SRG, the Fair Work Commission was presented with an application for the variation of the SRG Services (Western) Pty Ltd Enterprise Agreement 2016. The applicant sought to amend the agreement to address changes in the business environment and to accommodate the needs of both the employer and the employees. The dispute centred on the terms and conditions of employment, including issues of wages, working hours, and workplace flexibility.

The legal issues before the Commission involved determining whether the proposed variations were justifiable under the Fair Work Act 2009, and if they met the requirements for a fair and reasonable outcome for both parties. The Commission had to assess whether the changes were necessary, balanced, and would not unfairly disadvantage any party. It was also necessary to consider the impact of the proposed changes on the existing workforce and to ensure compliance with relevant industrial laws and standards.

Upon reviewing the evidence and submissions from both parties, the Commission found that the proposed variations were reasonable and necessary in light of the current economic and operational context. The changes were deemed to be fair and balanced, reflecting the needs of the business while also protecting the interests of the employees. The Commission concluded that the variations would not lead to an unfair detriment to the employees and were therefore in the best interest of both the employer and the workforce. The application was subsequently approved, allowing for the implementation of the amended terms and conditions as outlined in the new enterprise agreement.

SRG Services (Western) Pty Ltd T/A SRG

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established