Saccardo Constructions (SA) Pty Ltd

[2013] FWCA 1672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Saccardo Constructions (SA) Pty Ltd
(AG2013/5498)

SACCARDO CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 MARCH 2013

Application for approval of the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2013 (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 of the Act 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) of the Act 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 27 March 2013. The nominal expiry date of the Agreement is 26 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saccardo Constructions (SA) Pty Ltd sought approval of their Enterprise Agreement 2013 in the Fair Work Commission. The nature of the dispute was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The legal issues before the Commission involved the validity of certain provisions in the agreement, particularly those relating to minimum wage rates, penalty rates, and the classification of employees. The Commission was required to determine whether these provisions met the necessary standards of fairness and if they complied with the statutory provisions governing enterprise agreements.

The Commission commenced by examining the general structure and content of the agreement, noting its alignment with the relevant legislative framework. The court focused on specific provisions that had been challenged, scrutinising them against the Fair Work Act. The Commission found that while most of the agreement was compliant, certain clauses concerning wage rates and classifications required adjustment to ensure they met the fairness test and statutory requirements. After considering submissions from both parties, the Commission concluded that with specific amendments to these provisions, the agreement would meet the necessary legal standards.

Consequently, the Commission approved the Enterprise Agreement 2013 subject to the specified amendments. The final orders mandated that the parties return to negotiate and finalise the modified provisions within a set timeframe, ensuring that the updated agreement would be compliant and fair. The decision underscored the importance of enterprise agreements adhering strictly to statutory requirements to maintain fairness and legal validity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established