Sarens (Australia) Pty Ltd

[2025] FWCA 2058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sarens (Australia) Pty Ltd

(AG2025/1619)

SARENS (AUSTRALIA) PTY LTD WESTERN AUSTRALIA OPERATIONS ENTERPRISE AGREEMENT 2025 - 2028

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2025

Application for approval of the Sarens (Australia) Pty Ltd Western Australia Operations Enterprise Agreement 2025 - 2028

An application has been made for approval of an enterprise agreement known as the Sarens (Australia) Pty Ltd Western Australia Operations Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sarens (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry and Maritime, Employees 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2025. The nominal expiry date of the Agreement is 24 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sarens (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Sarens (Australia) Pty Ltd Western Australia Operations Enterprise Agreement 2025 - 2028. The application was made under section 234 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Electrical Trades Union (ETU). The CFMEU and ETU objected to the agreement on the basis that it did not provide for an adequate dispute resolution process. They argued that the agreement did not provide for a final and binding resolution of disputes, and that the process set out in the agreement was not fair and efficient. The legal issues before the Commission were whether the dispute resolution process set out in the agreement was fair and efficient, and whether it provided for a final and binding resolution of disputes.

The Commission found that the dispute resolution process set out in the agreement was fair and efficient. The Commission noted that the process provided for early conciliation and that it was designed to encourage the parties to resolve disputes without the need for formal proceedings. The Commission also found that the process provided for a final and binding resolution of disputes. The Commission noted that the agreement provided for the parties to refer unresolved disputes to an independent arbitrator, and that the arbitrator's decision was final and binding. The Commission was satisfied that the dispute resolution process set out in the agreement was appropriate and that it provided for a fair and efficient resolution of disputes.

The Commission approved the agreement on the basis that the dispute resolution process was fair and efficient and provided for a final and binding resolution of disputes. The Commission noted that the agreement provided for a process that was designed to encourage the parties to resolve disputes without the need for formal proceedings, and that it provided for a final and binding resolution of disputes. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009. The Commission made orders approving the agreement and directing that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established