Saunders Civilbuild Pty Ltd

[2022] FWCA 3637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saunders Civilbuild Pty Ltd

(AG2022/3857)

Saunders Civilbuild Pty Ltd Precast Enterprise Agreement 2022 - 2026

Cement and concrete products
COMMISSIONER MCKINNON	SYDNEY, 19 OCTOBER 2022

Application for approval of the Saunders Civilbuild Pty Ltd Precast Enterprise Agreement 2022 - 2026

Saunders Civilbuild Pty Ltd has applied for approval of a single enterprise agreement known as the Saunders Civilbuild Pty Ltd Precast Enterprise Agreement 2022 - 2026 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 26 October 2022. The nominal expiry date of the Agreement is 19 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Saunders Civilbuild Pty Ltd, an entity engaged in precast concrete construction, sought approval of the Saunders Civilbuild Pty Ltd Precast Enterprise Agreement 2022 - 2026. The primary dispute centred on whether the proposed agreement, which outlined terms and conditions of employment for employees within the organisation, met the criteria for approval under the Fair Work Act 2009.

The court was tasked with determining whether the agreement satisfied the procedural and substantive requirements outlined in the Act. This included assessing if the agreement was made in good faith, if it covered a suitable bargaining group, and if it adhered to the "better off overall test" to ensure that employees would not be worse off financially compared to their previous conditions. Additionally, the court needed to examine if the agreement appropriately balanced the rights and interests of both employers and employees.

The Fair Work Commission, after thorough examination of the evidence and submissions from both parties, concluded that the agreement did indeed comply with the legislative requirements. The Commission found that the agreement was negotiated in good faith and covered a suitable bargaining group. It also found that the proposed terms and conditions met the better off overall test, ensuring that employees would not be disadvantaged. Consequently, the application for approval was granted, and the agreement was certified as a legally binding enterprise agreement.

The final orders included the certification of the Saunders Civilbuild Pty Ltd Precast Enterprise Agreement 2022 - 2026, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and all relevant parties were to adhere to its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established