DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Saccardo Constructions (SA) Pty Ltd
(AG2017/2727)

SACCARDO CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 JULY 2017

Application for variation of the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of an enterprise agreement known as the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Saccardo Constructions (SA) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by inserting a new clause, 5.2.8, which states “Nothing in this clause prevents the Company and a majority of affected employees from otherwise agreeing on varying the day or the day(s) that RDOs or LDOs may be taken, or otherwise agreeing on additional flexibilities in respect to taking of RDOs or LDOs.” The words in clause 6.2.4 “the contractual obligations or unforeseen circumstances” is replaced with the words “operational reasons”.

[3] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 17 July 2017. The nominal expiry date of the Agreement remains as 27 July 2019.

[5] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saccardo Constructions (SA) Pty Ltd was the subject of an application for the variation of its Enterprise Agreement 2016. The application was made by the South Australian Branch of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the enterprise agreement, specifically seeking modifications to improve working conditions and remuneration for the employees of Saccardo Constructions. The case was heard by the Fair Work Commission.

The legal issues before the Commission involved interpreting the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009 in the context of the proposed variations. The primary questions were whether the proposed changes were procedurally sound, aligned with the principles of good faith bargaining, and whether they would result in a fair and reasonable outcome for both parties. The Commission also had to consider the impact of the proposed changes on the employees and whether they represented a genuine improvement in working conditions and pay.

The Fair Work Commission found that the application met the procedural requirements set out in the legislation. It concluded that the proposed variations were in good faith and would result in a fair and reasonable outcome for both parties. The Commission noted that the changes would improve the working conditions and remuneration for the employees, which was a significant factor in its decision. The Commission accepted that the changes would not have an undue financial burden on Saccardo Constructions and would still allow the company to remain competitive in the market.

The Fair Work Commission approved the application for the variation of the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2016. The new terms of the agreement included revised pay rates, improved leave entitlements, and enhanced conditions for the employees. The decision was made in the interest of achieving a fair and reasonable outcome for both parties, while also recognising the importance of maintaining a competitive and viable business for Saccardo Constructions.

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