DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saccardo Constructions (SA) Pty Ltd
(AG2019/2785)

SACCARDO CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the SACCARDO CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the SACCARDO CONSTRUCTIONS (SA) 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 Saccardo Constructions (SA) 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. The undertakings are taken to be a term 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] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 17 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Saccardo Constructions (SA) Pty Ltd applied for the approval of an enterprise agreement with its employees. The agreement, known as the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2019, was the subject of dispute between the employer and the employees. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in good faith, whether it complied with the "better off overall test" and whether it adhered to the provisions of the Fair Work Act. The Commission also needed to consider if the agreement contained appropriate dispute resolution mechanisms and whether it allowed for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement had been made in good faith and that it complied with the "better off overall test". It was also satisfied that the agreement contained suitable dispute resolution mechanisms and provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2019, subject to certain conditions.

The Commission ordered that the agreement would be approved and registered as a registered agreement from the date of the Commission's decision. The approval was subject to the condition that any changes to the agreement would need to be made in accordance with the Fair Work Act. The decision provides clarity for both the employer and employees regarding the terms and conditions of employment moving forward.

Saccardo Constructions (SA) 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