DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sarcon Pty Ltd
(AG2015/4866)

SARCON PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 SEPTEMBER 2015

Application for approval of the Sarcon Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sarcon Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sarcon 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] 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.

[4] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 8 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sarcon Pty Ltd was the subject of an application before the Fair Work Commission, where the dispute centred on the approval of the Sarcon Pty Ltd Enterprise Agreement 2015-2018. The application arose from the company's bid to have this enterprise agreement recognised under the Fair Work Act 2009. The legal issues at hand required the Commission to assess whether the agreement met the necessary criteria for approval, including compliance with the provisions of the Act and fairness in terms of its provisions.

The Commission was tasked with determining whether the agreement contained the mandated provisions, was free from prohibited content, and if it ensured procedural fairness in its creation. Central to this was the evaluation of whether the agreement provided for adequate consultation and whether it was made without coercion, undue influence, or other forms of unfairness. Additionally, the Commission had to consider whether the agreement would, if approved, provide for the protection of employees' rights and interests in a manner consistent with the objectives of the Fair Work Act.

In delivering its decision, the Commission found that the enterprise agreement did comply with the legislative requirements and was fair in its terms. The Commission noted that the agreement had been the result of genuine bargaining between the parties, with adequate consultation and without any evidence of unfairness. The provisions of the agreement were deemed to be reasonable and in line with the broader objectives of the Act, including the protection of employees' rights. Consequently, the Commission approved the Sarcon Pty Ltd Enterprise Agreement 2015-2018, allowing it to proceed under the Act.

Sarcon 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