DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRG Services (Western) Pty Ltd T/A SRG
(AG2019/910)

SRG SERVICES (WESTERN) PTY LTD REFRACTORY ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the SRG Services (Western) Pty Ltd Refractory Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the SRG Services (Western) Pty Ltd Refractory Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SRG Services (Western) Pty Ltd T/A SRG. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of SRG Services (Western) Pty Ltd trading as SRG, the Fair Work Commission was called upon to approve an enterprise agreement between the company and its employees. The dispute involved the proposed terms and conditions of employment as outlined in the Refractory Enterprise Agreement for the period 2019-2023. The Fair Work Commission, under the Fair Work Act 2009, was tasked with determining whether the agreement met the criteria for approval, particularly focusing on whether the agreement facilitated the improvement of workplace relations and ensured fair and reasonable terms.

The key legal issues before the Fair Work Commission included whether the proposed agreement was made in good faith, whether it was fair and reasonable, and if it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring that it did not unduly disadvantage any party.

The Fair Work Commission found that the proposed agreement was made in good faith and was fair and reasonable. The Commission highlighted that the agreement incorporated a comprehensive set of terms and conditions that provided for appropriate protections and entitlements for employees, while also considering the operational needs of the employer. The Commission was satisfied that the agreement balanced the interests of both parties and did not contain any provisions that would unduly disadvantage either the employer or the employees. As such, the Fair Work Commission approved the Refractory Enterprise Agreement 2019-2023 for SRG Services (Western) Pty Ltd.

The Fair Work Commission's decision included the formal approval of the Refractory Enterprise Agreement 2019-2023 for SRG Services (Western) Pty Ltd, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment relationship between the company and its employees for the specified period.

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