DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders Asset Services Pty Ltd
(AG2016/3269)

SAUNDERS ASSET SERVICES PTY LTD AGREEMENT 2016 - 2020

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Saunders Asset Services Pty Ltd Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Saunders Asset Services Pty Ltd Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saunders Asset Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

Saunders Asset Services Pty Ltd recently came before the Fair Work Commission to seek approval of an enterprise agreement. The dispute centred on the terms and conditions of employment for the employees of the company. The Commission, comprising of a delegate of the President, had to decide whether the agreement met the statutory requirements for approval.

The primary legal issue was whether the agreement was a genuine bargain between the parties, whether it contained the mandated minimum terms, and whether it was fairly negotiated. The company argued that the agreement was a genuine and fair representation of the bargaining process, while the union contended that certain provisions did not meet the statutory requirements.

The Commission found that the agreement was indeed a genuine bargain, containing all the mandated minimum terms. It was also satisfied that the agreement was fairly negotiated, considering the economic context and the bargaining positions of both parties. The delegate approved the agreement, noting the importance of balancing the rights of employers and employees in enterprise bargaining. This decision provides clarity on the standards for approving enterprise agreements in the current industrial relations climate.

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