DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydrig Pty Ltd
(AG2015/5618)

SYDRIG PTY LTD SITE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Sydrig Pty Ltd Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sydrig Pty Ltd Site 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 Sydrig 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] The Agreement was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 26 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sydrig Pty Ltd, represented by their employer association, the Maritime Union of Australia, applied for approval of the Sydrig Pty Ltd Site Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was presided over by Commissioner Holmes. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether it complied with the relevant industrial instruments. The Commission considered the fairness and content of the agreement, including its compliance with minimum entitlements and the bargaining process.

Commissioner Holmes determined that the agreement did meet the requirements for approval. The agreement was found to be fairly negotiated and contained provisions that were consistent with the Fair Work Act and relevant industrial instruments. The Commission approved the agreement, noting that it provided for appropriate terms and conditions for the employees covered by the agreement, and that it did not result in a detriment to the employees. The decision was made in the context of the Commission's consideration of the broader industrial and economic environment, including the need to balance the interests of employers and employees.

The Fair Work Commission approved the Sydrig Pty Ltd Site Enterprise Agreement 2015, finding that it met the requirements for approval under the Fair Work Act. The agreement was found to be fairly negotiated and compliant with relevant industrial instruments. The Commission's decision was based on a consideration of the agreement's content, the bargaining process, and the broader industrial and economic environment. The approval of the agreement provides certainty and stability for the employees covered by the agreement and for the employer.

Sydrig 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