DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surat Enterprises Pty Ltd
(AG2016/1025)

SURAT ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 MAY 2016

Application for approval of the Surat Enterprises Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Surat Enterprises 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 Surat Enterprises 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2016. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surat Enterprises Pty Ltd was before the Fair Work Commission, where the primary issue was the application for the approval of the Surat Enterprises Pty Ltd Enterprise Agreement 2016. This enterprise agreement was entered into between the employer and their employees, seeking to establish terms and conditions of employment. The application was brought forth by the employer, who argued that the agreement was fair and balanced in its provisions and met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, if it had been genuinely agreed upon by both parties, and if it met the “better off overall test.” This test ensures that no employee is worse off financially under the agreement compared to the applicable award or registered agreement. The Commission also considered whether the agreement was appropriately certified and if there were any procedural fairness issues in the negotiation process.

The Fair Work Commission examined the agreement clause by clause, considering the specific provisions against the statutory requirements. The Commission found that the agreement did indeed contain all the mandatory terms as required by the Fair Work Act and was genuinely agreed upon by the parties. Furthermore, the Commission determined that the agreement met the better off overall test, as it provided for certain improvements in conditions that outweighed any financial disadvantages for the employees. The Commission also noted that the agreement had been appropriately certified and there were no procedural fairness issues identified in the negotiation process. As a result, the Commission approved the Surat Enterprises Pty Ltd Enterprise Agreement 2016, deeming it fair and balanced.

Surat Enterprises 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