Sarens Australia Pty Ltd T/A Sarens (Australia) Pty Ltd

[2023] FWC 3064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sarens Australia Pty Ltd T/A Sarens (Australia) Pty Ltd

(AG2023/4127)

SARENS (AUSTRALIA) PTY LTD TECHNICAL SOLUTIONS ENTERPRISE AGREEMENT 2023 - 2027

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 21 NOVEMBER 2023

Application for approval of the Sarens (Australia) Pty Ltd Technical Solutions Enterprise Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement known as the Sarens (Australia) Pty Ltd Technical Solutions Enterprise Agreement 2023 - 2027 (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 T/A Sarens (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. 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.

Noting clause 26 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court was brought by Sarens Australia Pty Ltd, trading as Sarens (Australia) Pty Ltd, seeking approval of a new enterprise agreement. The dispute arose in the Fair Work Commission, where the company sought to implement the Sarens (Australia) Pty Ltd Technical Solutions Enterprise Agreement 2023 - 2027. The primary issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it had been appropriately negotiated with the relevant trade unions. The Fair Work Commission had to consider whether the agreement met the statutory criteria for approval, including whether it provided for minimum terms and conditions of employment and whether it had been fairly negotiated.

The court examined the process by which the agreement was negotiated and whether it adhered to the procedural requirements outlined in the Fair Work Act. This included verifying that the employer had genuinely attempted to negotiate with the relevant trade unions and whether the agreement reflected a fair and reasonable outcome for the employees. The court also considered whether the agreement contained provisions that were consistent with the objectives of the Act, including promoting higher wages and better working conditions. The Fair Work Commission had to determine whether the agreement met these standards and whether it should be approved for implementation.

Upon reviewing the evidence and arguments presented, the court found that the Sarens (Australia) Pty Ltd Technical Solutions Enterprise Agreement 2023 - 2027 was appropriately negotiated and met the statutory criteria for approval. The court confirmed that the agreement contained provisions that provided for minimum terms and conditions of employment and that it had been fairly negotiated with the relevant trade unions. The court was satisfied that the agreement was consistent with the objectives of the Fair Work Act and granted approval for the agreement to be implemented. The court's decision affirmed the agreement as a valid and binding enterprise agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established