DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SVG Construction WA Pty Ltd T/A SVG Construction WA Pty Ltd
(AG2015/3737)

SVG CONSTRUCTION WA PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JULY 2015

Application for approval of the SVG Construction WA Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the SVG Construction WA Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SVG Construction WA Pty Ltd T/A SVG Construction WA 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 16 July 2015 and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date of the Agreement is 16 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of SVG Construction WA Pty Ltd trading as SVG Construction WA Pty Ltd was heard. The dispute arose from an application to approve an enterprise agreement. The applicant, SVG Construction WA Pty Ltd, sought approval of a proposed enterprise agreement which aimed to regulate the terms and conditions of employment for its employees. The Commission was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the proposed agreement was a "bare bones" agreement, if it provided for modern awards, and if it included the essential terms. Additionally, the Commission needed to ensure the agreement was not contrary to public policy, and it was necessary to consider whether the agreement was certified as a single interest employee agreement or a single interest employer agreement. The Commission also assessed whether the agreement met the requirements for good faith bargaining.

The Commission found that the proposed agreement was a "bare bones" agreement as it did not contain any terms beyond those required by the modern awards. The agreement was certified as a single interest employee agreement, and the Commission was satisfied that the parties had bargained in good faith. Furthermore, the agreement did not contravene public policy and included the essential terms. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the SVG Construction WA Pty Ltd Enterprise Agreement. The approval was based on the agreement being a "bare bones" agreement, certified as a single interest employee agreement, and meeting the essential terms and good faith bargaining requirements. No contrary public policy considerations were found.

SVG Construction WA Pty Ltd T/A SVG Construction WA 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