DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Saunders International Limited
(AG2014/11064)

SAUNDERS INTERNATIONAL LIMITED, NATIONAL ON-SITE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 MARCH 2015

Application for approval of the Saunders International Limited, National On-Site Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Limited, National On-Site Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saunders International Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 25 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Senior Projects Manager - Saunders International Limited, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Saunders International Limited applied for approval of the National On-Site Agreement 2015-2017. The application involved employees who were members of the Automotive, Metals and Engineering Employees Union and the Australian Manufacturing Workers' Union. The dispute centred on whether the agreement was in the best interests of the employees and if it complied with relevant legislative requirements.

The primary legal issues before the Commission were whether the agreement provided for terms and conditions of employment that were at least as good as, or better than, the national minimum standards set out in the Fair Work Act 2009. Additionally, the Commission had to assess if the agreement complied with the requirements of section 233 of the Act, including whether it was made in good faith and without coercion.

The Commission found that the agreement contained terms that were, at a minimum, consistent with the national minimum standards. It was also determined that the agreement was made in good faith and without coercion, and that the consultation process was adequate. The Commission noted that the agreement included provisions for pay rates, overtime, penalty rates, and leave, which were considered to be fair and reasonable. The Commission was satisfied that the agreement met the statutory requirements and approved it.

Consequently, the Fair Work Commission granted approval of the National On-Site Agreement 2015-2017, effective from 1 April 2015 until 31 March 2017. The decision confirmed that the agreement would apply to the employees covered by the application and provided certainty for both the employer and the unions involved.

Saunders International Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established