Saunders Civilbuild Pty Ltd

[2018] FWCA 4084

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Saunders Civilbuild Pty Ltd

(AG2018/924)

Saunders Civilbuild Pty Ltd Enterprise Agreement

Cement and concrete products
Deputy President Masson	MELBOURNE, 16 JULY 2018

Application for approval of the Saunders Civilbuild Pty Ltd Precast Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the Saunders Civilbuild Pty Ltd Precast Enterprise Agreement (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 Applicant 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2018. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Saunders Civilbuild Pty Ltd, an applicant and employer, sought approval of a Precast Enterprise Agreement that would govern the employment conditions of its employees. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union representing some of the employees. The primary dispute centred around the terms and conditions of the proposed agreement, including wage rates, working hours, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009, and whether it was made in good faith and without coercion. Specifically, the Commission needed to determine if the agreement was sufficiently comprehensive, provided for fair and reasonable terms and conditions, and was certified by an independent person as meeting the "better off overall test."

The Commission found that the agreement was comprehensive and met the statutory requirements for an enterprise agreement. It also concluded that the agreement was made in good faith and without coercion. The Commission found that the agreement provided for fair and reasonable terms and conditions and met the "better off overall test." The Commission approved the agreement, finding that it provided for a fair and reasonable outcome for the employees.

The Fair Work Commission approved the Saunders Civilbuild Pty Ltd Precast Enterprise Agreement, finding that it met the statutory requirements for an enterprise agreement and was made in good faith and without coercion. The Commission also found that the agreement provided for fair and reasonable terms and conditions and met the "better off overall test." The agreement was approved and will govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established