DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRG Services (Western) Pty Ltd
(AG2016/3905)

SRG SERVICES (WESTERN) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the SRG Services (Western) Pty Ltd Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SRG Services (Western) Pty Ltd applied to the Fair Work Commission for the approval of the SRG Services (Western) Pty Ltd Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009. The parties involved in the agreement were SRG Services (Western) Pty Ltd as the employer and the Retail and Fast Food Workers Union as the employee representative. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, and whether these terms complied with the provisions of the Fair Work Act.

The legal issues before the Commission were whether the agreement met the requirements for bargaining in good faith, if the agreement contained all the mandatory terms and conditions, and if the agreement was in the best interests of the employees. Additionally, the Commission had to consider if the agreement provided for the proper protection of employees and whether the agreement was consistent with the Fair Work Act's objectives. The Commission also examined whether the agreement provided for a fair and efficient workplace, and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission determined that the agreement did meet the requirements for approval. The Commission found that the agreement had been made in good faith, contained all the necessary mandatory terms, and was in the best interests of the employees. The agreement provided for the proper protection of employees, was consistent with the objectives of the Fair Work Act, and included appropriate dispute resolution mechanisms. The Commission concluded that the agreement was fair and efficient, and thus approved the SRG Services (Western) Pty Ltd Enterprise Agreement 2016 under section 232 of the Fair Work Act 2009.

SRG Services (Western) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established