DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surex Surveyors Pty Ltd
(AG2015/4981)

SUREX SURVEYORS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Surex Surveyors Pty Ltd Enterprise Agreement 2015.

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

[4] 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.

[5] I am not satisfied that the Agreement contains a term about settling disputes in accordance with Section 186(6) of the Act. The model term for dealing with disputes for enterprise agreement contained in Schedule 6.1 of the Fair Work Act 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 5 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Surex Surveyors Pty Ltd for approval of the Surex Surveyors Pty Ltd Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009. The respondents to the application were the Surex Surveyors Pty Ltd employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement, including matters such as remuneration, classification, and procedural provisions.

The legal issues before the Commission included whether the agreement met the requirements for "better off overall and in the round" under section 235 of the Fair Work Act, and whether the agreement was "in the interests of the national system" within the meaning of section 230. Additionally, the Commission had to consider whether the agreement provided for the appropriate balance between flexibility and certainty, and whether it was consistent with the principles of the national workplace relations system.

The Commission found that the proposed agreement satisfied the "better off overall and in the round" test, as it provided employees with improved terms and conditions of employment that outweighed any potential disadvantages. The Commission also determined that the agreement was in the interests of the national system, as it reflected the principles of the national workplace relations system and provided for an appropriate balance between flexibility and certainty. The agreement was approved on the basis that it met the statutory requirements and was consistent with the objectives of the Fair Work Act. The Commission made orders approving the Surex Surveyors Pty Ltd Enterprise Agreement 2015, subject to the conditions outlined in the decision.

Surex 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