DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SAE Trading Pty Ltd T/A SA Earthworks
(AG2020/1615)

SA EARTHWORKS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 23 JUNE 2020

Application for approval of the SA Earthworks Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SA Earthworks Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SAE Trading Pty Ltd T/A SA Earthworks (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 June 2020.

[3] On 19 June 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 June 2020. The undertaking deals with the following topics:

• An employee who takes annual leave who would have worked shiftwork had they not been on leave, will be entitled to the applicable shift loading prescribed by clause 7.4 of the Agreement, or the 17. 5% loading prescribed by clause 11.1.7 of the Agreement, whichever is the greater.

• Where an employee is required to commence work at the Applicant’s depot instead of at a construction site, the employee will be paid the Fares Allowance. In the event that the Building and Construction General On-Site Award 2010 (the Award) is amended such that the daily fares and travel patterns allowance is not payable in these circumstances, the Applicant will have no obligation to pay the allowance.

• Employees will not be required to carry fuels, oils or greases in their own vehicle, or undertake wet work, dirty work, bitumen work, pile driving duties or laser safety officer duties, as defined in the Award.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 22 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

SAE Trading Pty Ltd T/A SA Earthworks applied to the Fair Work Commission for approval of the SA Earthworks Enterprise Agreement 2020. The application arose from negotiations between the company and its employees represented by the Building and Construction General On-Site Union. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters as stipulated in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum terms and conditions, if it allowed for genuine bargaining, and if it met the criteria for being a simple, fair, and efficient agreement. The Commission also had to assess if the agreement provided for procedural fairness, particularly in terms of the consultation process with employees. Additionally, the fairness of the wages and conditions offered in the agreement was scrutinized to ensure they were not worse off than the applicable awards or agreements.

The Commission found that the proposed agreement was fair and efficient, providing a safety net of minimum terms and conditions that complied with the statutory requirements. The agreement was deemed to have been reached through genuine bargaining, with adequate consultation and representation of the employees' interests. The wages and conditions offered in the agreement were found to be fair, providing employees with a reasonable standard of living and not placing them worse off than the applicable awards. The Commission approved the SA Earthworks Enterprise Agreement 2020, concluding that it was in the best interests of the employees and met all the legal requirements.

SAE Trading Pty Ltd T/A SA Earthworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established