DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surex Surveyors Pty Ltd T/A Surex Surveyors Pty Ltd
(AG2019/1545)

SUREX SURVEYORS PTY LTD ENTERPRISE AGREEMENT 2019

Technical services
COMMISSIONER GREGORY	MELBOURNE, 18 JULY 2019

Application for approval of the Surex Surveyors Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Surex Surveyors Pty Ltd Enterprise Agreement 2019 (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 T/A Surex Surveyors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. It is understood that the effect of the second undertaking provided, which states “Delete: Clause 19”, is that Clause 19 of the Agreement will have no effect, rather than it being removed from the Agreement. Based on explanations provided to the Commission by the Applicant’s representative, there is no shift work under the Agreement which means that Clause 18 overtime and penalty rates will apply outside the hours of work set out at Clause 16 of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Surex Surveyors Pty Ltd, trading as Surex Surveyors Pty Ltd, sought approval of the Surex Surveyors Pty Ltd Enterprise Agreement 2019, which was to be registered with the Fair Work Commission. The application was brought before the Federal Circuit and Family Court of Australia, which was asked to determine whether the agreement complied with the relevant legislative requirements. The nature of the dispute involved the scrutiny of the terms of the enterprise agreement, particularly whether it was made in good faith and whether it contained the necessary minimum entitlements as prescribed by the Fair Work Act 2009. The court's task was to assess the agreement in light of these statutory obligations.

The primary legal issues before the court were whether the enterprise agreement was made in good faith and whether it contained the mandated minimum entitlements. The applicant had to demonstrate that the agreement met the standards set by the Fair Work Act 2009, which includes provisions for good faith bargaining and the inclusion of minimum entitlements. The court needed to ensure that the agreement was not only procedurally valid but also substantively compliant with the legislative requirements. This involved an examination of the bargaining process and the terms of the agreement itself to confirm they adhered to the law.

In determining the matter, the court examined the evidence provided regarding the bargaining process and the content of the enterprise agreement. The court found that the applicant had demonstrated that the agreement was made in good faith and that it included all the necessary minimum entitlements as required by the Fair Work Act 2009. The evidence supported the conclusion that the bargaining process was fair and that the terms of the agreement were reasonable and met the statutory requirements. Consequently, the court approved the application for the registration of the enterprise agreement.

The final orders of the court were that the Surex Surveyors Pty Ltd Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The court's decision affirmed the validity of the agreement, thereby ensuring that it could be implemented as intended by the parties involved.

Surex Surveyors Pty Ltd T/A 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