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

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Saunders International Limited for the approval of the National On-Site Agreement 2018-2021. This agreement sought to regulate the employment conditions of employees working in the mining, quarrying, and oil and gas extraction industries across Australia. The application arose in the context of the Fair Work Act 2009, which provides a framework for the regulation of workplace relations in Australia, including the approval of enterprise agreements. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements set out in the Fair Work Act, including whether it was made by an authorised bargaining agent, whether it was in writing, and whether it contained all the prescribed terms. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for proper procedures for the resolution of disputes. The fairness and reasonableness of the agreement's terms also formed part of the inquiry, including the impact on employees and the broader industry.

In reaching its decision, the Commission examined the submissions and evidence provided by both parties. It found that the agreement was made by an authorised bargaining agent and was in writing, containing all the prescribed terms. The Commission also concluded that the agreement was made in good faith and provided for adequate dispute resolution mechanisms. Regarding the fairness and reasonableness of the terms, the Commission noted that the agreement provided for a balanced approach, considering both the interests of the employer and the employees. The Commission determined that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the need for flexibility in operations. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the National On-Site Agreement 2018-2021 between Saunders International Limited and its employees, effective from 1 July 2018 until 30 June 2021. The Commission's decision was based on the finding that the agreement met all the legal requirements for approval under the Fair Work Act and was fair and reasonable in its terms. This approval ensures that the agreement governs the employment conditions of the parties for the specified period, subject to the provisions of the Fair Work Act.

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