DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders Asset Services Pty Ltd
(AG2020/713)

SAUNDERS ASSET SERVICES PTY LTD AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 MAY 2020

Application for approval of the Saunders Asset Services Pty Ltd Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Saunders Asset Services Pty Ltd Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Saunders Asset Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 11 May 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2020. The nominal expiry date of the Agreement is 12 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Saunders Asset Services Pty Ltd, the applicant, an Australian company, sought approval from the Fair Work Commission for an enterprise agreement, referred to as the Saunders Asset Services Pty Ltd Agreement 2020 - 2024. The dispute centred around the fairness and compliance of this agreement with the provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues before the Commission involved assessing whether the agreement was genuinely negotiated, whether it contained all the mandated terms and conditions, and if it complied with the Fair Work Act's requirements for unfair dismissal provisions. Additionally, the Commission needed to examine whether the agreement was in the best interest of the employees, considering the balance between the employer's interests and those of the employees.

After careful consideration of the submissions and evidence provided by both parties, the Fair Work Commission found that the agreement was genuinely negotiated and contained all the required terms and conditions. The Commission determined that the agreement was fair and met the statutory requirements for approval. The applicant's submissions regarding the reasonableness of the proposed changes to the employees' working conditions and the benefits provided to the employees were also considered. Based on these findings, the Fair Work Commission approved the Saunders Asset Services Pty Ltd Agreement 2020 - 2024.

The Commission's final orders included the approval of the Saunders Asset Services Pty Ltd Agreement 2020 - 2024, effective from 1 April 2020, and set out the specific terms and conditions of the agreement. The applicant was directed to provide a copy of the approved agreement to the Fair Work Ombudsman and to display the approved agreement in a prominent place at its workplace. The Commission also directed that the applicant must comply with all the terms and conditions of the approved agreement.

Saunders Asset Services 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