[2017] FWCA 3128

The attached document replaces the document previously issued with the above code on 8 June 2017.

The full title of the Agreement has been inserted into the title of the decision.

Member Assist for Commissioner Roe

Dated 13 June 2017

[2017] FWCA 3128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sarens (Australia) Pty Ltd
(AG2017/1589)

SARENS (AUSTRALIA) PTY LTD OPERATIONS ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JUNE 2017

Application for approval of the Sarens (Australia) Pty Ltd Operations Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sarens (Australia) Pty Ltd Operations Enterprise Agreement 2017-2021 (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.

[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] The Agreement was approved on 8 June 2017 and, in accordance with s.54, will operate from 15 June 2017. The nominal expiry date of the Agreement is 8 June 2021.

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 Operations Enterprise Agreement 2017 - 2021. The applicant and respondent were engaged in a dispute over the terms of the agreement, which governed the employment conditions of the applicant’s employees. The Commission was required to determine whether the agreement complied with the relevant legislative provisions and whether it had been made in accordance with the appropriate procedures.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith and whether it provided for a fair and reasonable method for resolving disputes. The Commission also had to consider whether the agreement complied with the appropriate minimum terms and conditions set out in the applicable award.

The Commission found that the agreement was made in good faith and provided for a fair and reasonable method for resolving disputes. It also concluded that the agreement complied with the appropriate minimum terms and conditions. The Commission was satisfied that the agreement met the legislative requirements and approved it. The decision was made on the basis of the evidence presented and the relevant legal principles.

The Fair Work Commission approved the Sarens (Australia) Pty Ltd Operations Enterprise Agreement 2017 - 2021. The Commission determined that the agreement met the necessary legislative requirements and was made in good faith. The approval of the agreement provides certainty and stability for the parties and their employees, and ensures that the agreement is consistent with the relevant minimum standards.

Sarens (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