DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SVG Structures WA Pty Ltd T/A SVG Structures
(AG2018/949)

SVG STRUCTURES WA PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 30 JULY 2018

Application for approval of the SVG Structures WA Pty Ltd Enterprise Agreement 2018.

[1] Application has been made for approval of an enterprise agreement known as the SVG Structures WA Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SVG Structures WA Pty Ltd T/A SVG Structures. The Agreement is a single enterprise agreement.

[2] SVG Structures has provided information about what employees were told when the employer explained the Agreement to employees. On the material before me, I am satisfied that the terms of the Agreement, and the effect of those terms, were explained to employees as required and that there are no other reasonable grounds for believing that the Agreement was not genuinely agreed.

[3] Written undertakings have been given in relation to the Agreement in accordance with s.190. 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 or result in substantial changes to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2018. The nominal expiry date of the Agreement is 29 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by SVG Structures WA Pty Ltd for approval of their Enterprise Agreement 2018. The application was before the Fair Work Commission, which was required to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred around several provisions within the agreement, including the classification of employees, the process for resolving disputes, and the inclusion of certain terms that were deemed contentious.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to assess if the agreement was made in accordance with the mandatory provisions of the Act and whether it provided for minimum terms and conditions of employment that were no less favourable than those provided for in the relevant awards or safety nets. The Commission also had to consider the fairness and reasonableness of the agreement as a whole, including whether it was made without any coercion, duress, or unfair labour practices.

In examining the agreement, the Commission acknowledged that it had been made following a process that involved genuine bargaining between the parties. The Commission found that the agreement contained provisions that were consistent with the legislative requirements and did not identify any substantive or procedural defects. The Commission was satisfied that the agreement provided for terms and conditions that were at least as favourable as those in the relevant awards and safety nets. Furthermore, the Commission determined that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the parties involved. Based on these findings, the Commission approved the Enterprise Agreement 2018, confirming its compliance with the necessary statutory criteria.

The Fair Work Commission approved the Enterprise Agreement 2018, recognising it as meeting the requirements of the Fair Work Act. The Commission's decision was grounded in the thorough examination of the agreement's provisions, the process by which it was made, and its compliance with the legislative standards. This approval ensures that the terms and conditions of employment outlined in the agreement are legally sound and provide an appropriate framework for the parties involved.

SVG Structures WA Pty Ltd T/A SVG Structures

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established