DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders International Limited
(AG2019/1722)

SAUNDERS INTERNATIONAL LIMITED NATIONAL MAINTENANCE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 31 JULY 2019

Application for approval of the SAUNDERS INTERNATIONAL LIMITED NATIONAL MAINTENANCE AGREEMENT 2019 - 2023.

[1] Saunders International Limited has made an application for the approval of an enterprise agreement known as the SAUNDERS INTERNATIONAL LIMITED NATIONAL MAINTENANCE AGREEMENT 2019 - 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[7] The Agreement was approved on 31 July 2019 and, in accordance with s 54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saunders International Limited applied to the court for approval of its National Maintenance Agreement for the years 2019 to 2023. The agreement sought to regulate the terms of maintenance and repairs for a fleet of machinery and equipment across multiple states in Australia. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the proposed maintenance agreement complied with the relevant legislative requirements and if it was in the best interests of the parties involved. The court had to consider the terms of the agreement, the balance of benefits and detriments to the parties, and if the agreement provided for fair and reasonable terms.

The court found that the proposed maintenance agreement met the necessary criteria. It was in the best interests of all parties involved, providing for fair and reasonable terms and conditions for the maintenance of the machinery and equipment. The agreement addressed the rights and obligations of both Saunders International Limited and the maintenance service providers, taking into account the interests of all stakeholders. The court approved the agreement, finding that it was fair, reasonable, and met the requirements of the relevant legislation.

The court granted the application and approved the National Maintenance Agreement 2019 - 2023 for Saunders International Limited. The agreement is now in effect, regulating the terms of maintenance and repairs for the machinery and equipment across multiple states in Australia.

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