Sarens (Australia) Pty Ltd

[2014] FWCA 4088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sarens (Australia) Pty Ltd
(AG2014/987)

SARENS (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 JUNE 2014

Application for approval of the Sarens (Australia) Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sarens (Australia) Pty Ltd Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in the matter of Sarens (Australia) Pty Ltd, was presented with an application for the approval of an enterprise agreement. The applicant, Sarens, sought to have the agreement, which covered its employees, ratified. The respondent, the Australian Manufacturing Workers’ Union, did not oppose the approval of the agreement, but raised concerns about the implications of certain provisions on the rights and conditions of employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the protection of employees' rights and ensuring fair terms and conditions. The Commission needed to consider whether the agreement provided for appropriate minimum terms, including wages, hours of work, leave, and other employment conditions. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any employees.

The Commission reviewed the agreement clause by clause, confirming that it met the requirements of the Fair Work Act. The agreement included provisions for wages, leave, and other employment conditions that were consistent with the minimum standards prescribed by the Act. The Commission noted that while the union did not oppose the agreement, it had provided submissions highlighting specific areas of concern, which were addressed adequately within the agreement. Ultimately, the Commission was satisfied that the agreement did not unfairly disadvantage employees and complied with all relevant legislative requirements. Therefore, the Commission approved the Sarens (Australia) Pty Ltd Enterprise Agreement 2014 - 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established