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SRSW Pty Ltd

SRSW Pty Ltd

Case [2015] FWCA 4449

Collective Agreement

Approval of Enterprise Agreement

Employment & Labour Law

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[2015] FWCA 4449 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRSW Pty Ltd
(AG2015/3144)

SRSW ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 JULY 2015

Application for approval of the SRSW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SRSW Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 9 July 2015. The nominal expiry date of the Agreement is 30 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: SRSW Pty Ltd [2015] FWCA 4449
Case: [2015] FWCA 4449
Decision Date: 2 JULY 2015

CaseChat Overview and Summary

SRSW Pty Ltd applied to the Fair Work Commission for approval of the SRSW Enterprise Agreement 2015. The respondents, represented by the Australian Manufacturing Workers' Union, objected to the application, contending that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the interpretation and application of several sections of the Act, particularly those concerning the process for the approval of enterprise agreements and the obligations of employers to bargain in good faith.

The legal issues before the Commission included whether the employer had genuinely negotiated the agreement with the union and whether the agreement satisfied the 'better off overall test', ensuring that employees were not worse off financially. Additionally, the Commission examined whether the employer had complied with procedural requirements, such as providing sufficient notice and information to employees about the agreement. The Commission also considered the employer's obligation to bargain in good faith with the union.

After reviewing the evidence, the Commission concluded that the employer had genuinely negotiated the agreement with the union and that the agreement satisfied the better off overall test. The Commission found that the employer had provided adequate information to the employees and had met all procedural requirements. Consequently, the Commission approved the SRSW Enterprise Agreement 2015, dismissing the objections raised by the respondents.

Orders