Saunders Civilbuild Pty Ltd

[2022] FWCA 2562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saunders Civilbuild Pty Ltd

(AG2022/2402)

Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2022

Application for approval of the Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2022 – 2026

Saunders Civilbuild Pty Ltd has made an application for approval of an enterprise agreement known as the Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2022 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 2 August 2022 and, in accordance with s 54, will operate from 9 August 2022. The nominal expiry date of the Agreement is 1 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2022-2026. The applicant, Saunders Civilbuild Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), raised objections to the proposed agreement on behalf of its members, who were employees of Saunders Civilbuild Pty Ltd.

The primary legal issue the Fair Work Commission needed to address was whether the proposed agreement met the requirements of the Fair Work Act 2009. This involved examining whether the agreement had been negotiated in good faith, whether it contained the minimum terms and conditions required by law, and whether it was fair and reasonable in all its circumstances. The Commission also needed to consider whether the agreement provided appropriate protections for employees, including those who were not union members.

The Fair Work Commission conducted a thorough review of the proposed agreement, taking into account submissions from both parties and any relevant evidence. The Commission found that the agreement had been negotiated in good faith and contained all the minimum terms and conditions required by law. It also determined that the agreement was fair and reasonable, providing appropriate protections for employees. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other conditions that were consistent with the protections provided by the Fair Work Act 2009. Given these findings, the Fair Work Commission approved the proposed agreement.

The Fair Work Commission's final orders included the approval of the Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2022-2026. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the decision. The Commission also noted that the agreement would remain in force until the end of the specified period or until it was terminated or varied in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established