Saunders International Limited

[2019] FWCA 5322

[2019] FWCA 5322

FAIR WORK COMMISSION

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

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Annexure A