DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRW Surveyors Pty Ltd
(AG2017/839)

SRW SURVEYORS PTY LTD ENTERPRISE AGREEMENT 2017

Technical services
COMMISSIONER ROE	MELBOURNE, 11 APRIL 2017

Application for approval of the SRW Surveyors Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SRW Surveyors Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SRW Surveyors Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Association of Professional Engineers, Scientists and Managers, Australia, The (APESMA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 April 2017 and, in accordance with s.54, will operate from 18 April 2017. The nominal expiry date of the Agreement is 28February 2020.

COMMISSIONER

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CaseChat Overview and Summary

SRW Surveyors Pty Ltd brought an application before the Fair Work Commission seeking approval of the SRW Surveyors Pty Ltd Enterprise Agreement 2017. The agreement, if approved, would apply to the company's employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained all the mandatory terms and conditions stipulated by the Act. The Commission needed to assess if the agreement had been genuinely negotiated between the employer and the employees' representatives, and if it included the minimum entitlements specified by the Act.

In deciding the application, the Commission considered the evidence provided by the parties regarding the negotiation process and the content of the agreement. It examined if the agreement was made in good faith and if it complied with the procedural and substantive requirements of the Act. The Commission also looked into whether the agreement provided for terms and conditions that were not less favourable than the applicable awards or the National Employment Standards.

The Fair Work Commission found that the SRW Surveyors Pty Ltd Enterprise Agreement 2017 met all the necessary requirements for approval. The Commission determined that the agreement had been genuinely negotiated and contained all the mandatory terms and conditions as required by the Act. Consequently, the Commission approved the agreement, which will now apply to the employees of SRW Surveyors Pty Ltd.

SRW Surveyors 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