Saunders Civilbuild Pty Ltd Summary

[2018] FWCA 4935

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Saunders Civilbuild Pty Ltd

(AG2018/3171)

Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2018-2022

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 24 AUGUST 2018

Application for approval of the Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2018-2022.

An application has been made for approval of an enterprise agreement known as the Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saunders Civilbuild Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 1 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Saunders Civilbuild Pty Ltd, the applicant, sought approval of the Saunders Civilbuild Pty Ltd Construction Enterprise Agreement 2018-2022, which had been entered into between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU, the respondent, raised objections to certain aspects of the agreement, including provisions related to the classification of employees, shift patterns, and the handling of redundancies.

The primary legal issues the Commission had to decide were whether the provisions of the agreement were procedurally and substantively compliant with the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it met the requirements for a simple or low-paid agreement, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to determine whether the agreement appropriately balanced the interests of the employees and the employer.

The Fair Work Commission found that while the agreement was largely in compliance with the statutory requirements, several provisions needed amendment to ensure fairness and compliance with the Act. The Commission noted that the classification of employees and certain shift patterns could be improved to better align with industry standards and protect employee rights. After negotiations and amendments, the Commission approved the agreement with certain modifications, ensuring it met the necessary legal standards. These modifications included changes to employee classifications and the establishment of a more equitable shift roster.

The final orders of the Commission included the approval of the amended agreement, subject to the modifications made, and a requirement for the parties to implement the changes within a specified timeframe. The decision underscored the importance of balancing the interests of both employers and employees while ensuring compliance with the Fair Work Act.

Saunders Civilbuild Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established