DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saccardo Constructions (SA) Pty Ltd
(AG2016/3670)

SACCARDO CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2016 (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] 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.

[3] The Construction, Forestry, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2016. The nominal expiry date of the Agreement is 27 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saccardo Constructions (SA) Pty Ltd is the respondent in an application brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to the Fair Work Commission for approval of the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2016. The applicant union argues that the agreement is in the interests of the employees covered by the agreement, while the respondent contends that the agreement should not be approved due to various procedural and substantive issues. The case was heard by the Full Bench of the Commission, comprising of President Dowsett and Deputy Presidents Ryan and McCabe.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement was genuinely a product of bargaining, whether it contained only matters that could be the subject of a registered agreement, and whether it complied with the good faith bargaining requirement. Additionally, the court examined whether the agreement provided for appropriate safeguards to protect employees from adverse action for asserting their rights under the agreement.

The court found that the agreement was genuinely a product of bargaining and contained only matters that could be the subject of a registered agreement. The court also held that the agreement was made in good faith and provided appropriate safeguards to protect employees from adverse action. However, the court identified some procedural issues with the agreement, including a failure to provide employees with adequate information and an opportunity to discuss the agreement. Despite these procedural issues, the court determined that they did not undermine the overall validity of the agreement. Consequently, the court approved the agreement, finding that it met the necessary criteria for approval and was in the best interests of the employees.

The court ordered that the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2016 be approved as a registered agreement. The agreement will now be registered by the Fair Work Commission, and the parties will be bound by its terms. The decision highlights the importance of ensuring that enterprise agreements are genuinely bargained and contain appropriate safeguards for employees, while also acknowledging that minor procedural issues may not necessarily invalidate an agreement if the overall criteria for approval are met.

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