Saunders International Limited Summary

[2014] FWCA 3593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders International Limited
(AG2014/617)

SAUNDERS INTERNATIONAL LIMITED (LYTTON REFINERY QLD) ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 MAY 2014

Application for approval of the Saunders International Limited (Lytton Refinery QLD) Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Limited (Lytton Refinery QLD) Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Saunders International Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 1 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saunders International Limited applied for approval of the Enterprise Agreement between the company and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, where the primary issue was whether the agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been made in good faith, and if it contained the necessary provisions for employee protection and fair working conditions.

The court examined the process by which the agreement was negotiated, the fairness of its terms, and whether it met the standards set by the Fair Work Act. It also considered whether the agreement adequately covered essential matters such as wages, conditions, and dispute resolution mechanisms. The court found that the agreement was negotiated in good faith and contained provisions that aligned with statutory requirements. The terms were deemed fair, and the agreement met the necessary standards for approval.

Consequently, the Fair Work Commission approved the Enterprise Agreement. The decision confirmed that the agreement complied with the statutory requirements and was fair and reasonable for both parties. This approval ensures that the terms of employment are legally binding and provide a framework for resolving workplace issues in accordance with the Fair Work Act. The court's decision was definitive, and no further orders were required beyond the approval of the agreement.

Saunders International Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established