DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSR Installations Pty Ltd
(AG2021/100)

SSR INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the SSR Installations Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the SSR Installations Pty Ltd Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by SSR Installations Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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 lodged contained administrative errors at clauses 1 and 2. On 16 February 2021, the Employer filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s 586 of the Act.

[5] The Agreement is approved and in accordance with s 54 of the Act will operate from 26 February 2021. The nominal expiry date of the Agreement is 19 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant SSR Installations Pty Ltd sought approval of the SSR Installations Pty Ltd Enterprise Agreement 2021-2025. The respondent, Australian Services Union, brought an objection to the application on the basis that the agreement did not provide adequate pay and conditions for employees. The matter was heard by Deputy President D.J. Richardson. The central legal issues before the court were whether the enterprise agreement adequately covered the employees' pay and conditions, and whether it was in the best interests of the employees to approve the agreement. The court considered the provisions of the Fair Work Act 2009 and the principles of good faith bargaining set out in the case law. The court also considered submissions from both parties on the merits of the agreement.

Upon review of the evidence, the court found that the agreement provided fair and reasonable pay and conditions for employees. The court found that the agreement had been negotiated in good faith and that it was in the best interests of the employees to approve the agreement. The court noted that the agreement provided for a fair rate of pay, adequate leave provisions, and appropriate dispute resolution mechanisms. The court also found that the agreement provided for appropriate training and development opportunities for employees. Based on these findings, the court approved the SSR Installations Pty Ltd Enterprise Agreement 2021-2025. The court made an order approving the agreement, subject to the usual conditions and requirements of the Fair Work Act. The order also provided for the agreement to be registered with the Fair Work Commission.

SSR Installations 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