DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SAF-Holland (Aust.) Pty Ltd
(AG2015/4764)

SAF HOLLAND (AUST.) PTY. LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the SAF HOLLAND (Aust.) Pty. Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SAF HOLLAND (Aust.) Pty. Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SAF-Holland (Aust.) Pty. Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 10 September 2015. The nominal expiry date of the Agreement is 9 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SAF-Holland (Aust.) Pty Ltd, an Australian corporation, sought approval of the SAF HOLLAND (Aust.) Pty. Ltd Enterprise Agreement 2015 in the Fair Work Commission. The application for approval was made by the corporation under section 233 of the Fair Work Act 2009. The primary dispute in this case was whether the enterprise agreement met the requirements for approval under the Act, including compliance with the “better off overall test” and other statutory criteria.

The legal issues before the Commission included whether the agreement provided employees with outcomes that were at least as good as their current entitlements, and whether the agreement was made in good faith and without coercion. The Commission had to examine the terms of the agreement, the process by which it was negotiated, and the evidence provided by both the employer and the employees' representatives. A critical aspect was the assessment of the financial and non-financial benefits provided to employees under the agreement.

The Fair Work Commission determined that the SAF HOLLAND (Aust.) Pty. Ltd Enterprise Agreement 2015 met the requirements for approval. The Commission found that the agreement was made in good faith, without coercion, and provided employees with outcomes that were at least as good as their current entitlements. The Commission was satisfied that the agreement passed the "better off overall test" and that it complied with all statutory requirements. Consequently, the application for approval was granted, and the agreement was registered.

The final orders of the Commission were that the SAF HOLLAND (Aust.) Pty. Ltd Enterprise Agreement 2015 be approved and registered under section 233 of the Fair Work Act 2009. The agreement, which includes provisions for wages, conditions of employment, and dispute resolution, will now apply to the employees covered by the agreement. This decision ensures that the terms of the enterprise agreement are legally binding and enforceable.

SAF-Holland (Aust.) 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