Saunders International Limited

[2018] FWCA 7140

[2018] FWCA 7140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders International Limited
(AG2018/3040)

SAUNDERS INTERNATIONAL LIMITED, NATIONAL ON-SITE AGREEMENT 2018-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 NOVEMBER 2018

Application for approval of the Saunders International Limited, National On-Site Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Limited, National On-Site Agreement 2018-2021 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 3.4 – casual employment leave entitlements

However, noting clause 1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement lodged contained an error at clause 3.11.1. On 19 November 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Construction, Forestry, Maritime, Mining and Energy Union and “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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500828  PR702517>

Annexure A