DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Salini Australia Pty Ltd
(AG2016/1552)

COMPANY ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the Company Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Company Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Salini Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 13 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Salini Australia Pty Ltd recently sought approval for the Company Enterprise Agreement 2016-2020 from the Fair Work Commission. The application was made by Salini, an engineering and construction company, against the objections of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions set out in the proposed agreement, with the CFMEU arguing that certain provisions did not meet the requirements under the Fair Work Act 2009.

The central legal issues the Commission had to resolve were whether the proposed agreement complied with the procedural and substantive requirements under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely bargained for and if it met the "better off overall test" to ensure that employees were not worse off financially compared to their previous conditions. The CFMEU's objections focused on specific clauses related to working hours, overtime, and redundancy provisions.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement was genuinely bargained for and satisfied the better off overall test. The Commission considered the nature of the industry, the economic context, and the specific provisions of the agreement. It concluded that the proposed terms and conditions were fair and reasonable, and thus approved the Company Enterprise Agreement 2016-2020. The Commission's decision was based on a detailed analysis of the evidence presented, including expert testimonies and submissions from both parties.

Salini Australia 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