DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRW Services Pty Ltd T/A Innotech Site Services
(AG2016/6814)

SRW SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the SRW Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SRW Services 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 SRW Services Pty Ltd T/A Innotech Site Services. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 4 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, SRW Services Pty Ltd trading as Innotech Site Services, sought approval of an Enterprise Agreement from the Fair Work Commission. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, objected to the application on the grounds that it did not meet the requirements of section 230 of the Fair Work Act 2009. The matter was heard in the Commission.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements for approval. This included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated and agreed upon by the parties. The Commission needed to determine if the agreement met the criteria for approval set out in the Fair Work Act.

The Fair Work Commission examined the provisions of the Enterprise Agreement in detail, considering the arguments of both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, hours of work, and other employment conditions. The Commission also concluded that the agreement had been genuinely negotiated and agreed upon by the parties, as evidenced by the negotiation process and the signatures of the representatives of both parties. Based on these findings, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the SRW Services Pty Ltd Enterprise Agreement 2016, finding it met the statutory requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and had been genuinely negotiated and agreed upon by the parties. This decision provides clarity for employers and employees in the industry, ensuring that the agreement is legally binding and enforceable.

SRW Services Pty Ltd T/A Innotech Site Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established