DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symal Infrastructure Pty Ltd
(AG2021/6753)

SYMAL INFRASTRUCTURE PTY LTD - NSW, ACT AND QLD ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Symal Infrastructure Pty Ltd - NSW, ACT and QLD Enterprise Agreement 2021-2025.

[1] Symal Infrastructure Pty Ltd has applied for approval of a single enterprise agreement known as the Symal Infrastructure Pty Ltd - NSW, ACT and QLD Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired as to whether the pre-approval requirements were met. Further information was provided.

[3] On the further information provided by the Applicant, which was not opposed, I am satisfied that the form and distribution of the Notice of Employee Representational Rights (Notice) strictly complied with ss.173(1), 174(1A) and 181(2). To the extent that the note in the cover email which attached the Notice may be considered additional content to that in the Notice itself, and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that this:

a) constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by this error.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views and none opposed.

[6] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement was approved on 16 September 2021 and, in accordance with s.54, will operate from 23 September 2021. The nominal expiry date of the Agreement is 16 September 2025.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 2

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

2 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

Symal Infrastructure Pty Ltd applied to the Fair Work Commission for approval of the proposed enterprise agreement, covering employees in New South Wales, the Australian Capital Territory, and Queensland. The dispute centred on the terms and conditions of employment, remuneration, and other employment-related matters as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it was in the interests of the employees and whether it complied with the relevant provisions of the Act.

The Commission examined the proposed agreement's provisions to ensure that it complied with the requirements set out in the Fair Work Act. The Commission assessed the agreement's provisions to determine whether they met the "better off overall test" and whether they provided employees with a reasonable opportunity to be consulted about the agreement's terms. The Commission also considered whether the agreement complied with the provisions of the Act regarding the protection of employees' rights and entitlements.

After careful consideration of the arguments presented by the parties and the provisions of the Fair Work Act, the Fair Work Commission approved the proposed enterprise agreement. The Commission found that the agreement was in the best interests of the employees and that it complied with the requirements of the Act. The Commission was satisfied that the agreement met the better off overall test and that it provided employees with a reasonable opportunity to be consulted about the agreement's terms.

The Fair Work Commission approved the Symal Infrastructure Pty Ltd - NSW, ACT and QLD Enterprise Agreement 2021-2025. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and that it was in the best interests of the employees. The agreement was approved and will now be binding on the parties for the duration of the agreement.

Symal Infrastructure 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