Saunders International Limited

[2013] FWCA 7525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders International Limited
(AG2013/7938)

SAUNDERS INTERNATIONAL LIMITED BP REFINERY (KWINANA) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 OCTOBER 2013

Application for approval of the Saunders International Limited BP Refinery (Kwinana) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Limited BP Refinery (Kwinana) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

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 BP Refinery (Kwinana) Enterprise Agreement 2013. The agreement was submitted by the applicant and the Australian Manufacturing Workers Union. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements, particularly in relation to the procedural fairness, the process through which the agreement was negotiated, and its alignment with the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether the process was conducted in good faith, and if the agreement complied with the mandatory requirements of the Fair Work Act. Additionally, the Commission needed to determine whether the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the agreement was genuinely negotiated between the parties and that the process was conducted in good faith. It was established that the negotiation process involved direct and meaningful communication between the parties, which was thorough and allowed for the exchange of views and proposals. Furthermore, the agreement was deemed to appropriately balance the interests of both employers and employees, as it provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the BP Refinery (Kwinana) Enterprise Agreement 2013, finding it met the statutory requirements for enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established