DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders International Limited
(AG2017/230)

SAUNDERS INTERNATIONAL LIMITED (WORKSHOP) CERTIFIED AGREEMENT 2017 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Saunders International Limited (Workshop) Certified Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Limited (Workshop) Certified Agreement 2017 - 2019 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 February 2017 and, in accordance with s.54, will operate from 24 February 2017. The nominal expiry date of the Agreement is 20 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Saunders International Limited sought approval for the Saunders International Limited (Workshop) Certified Agreement 2017 - 2019. The agreement was proposed between the company and its employees, represented by the Automotive, Metals and Engineering Manufacturing Union. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The key legal issues addressed by the Commission were whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of the minimum entitlements required by law. The Commission had to ensure that the agreement provided at least the minimum entitlements prescribed by the relevant awards and that it did not undermine the protections afforded by the Act.

After considering submissions from both parties, the Commission determined that the proposed agreement met the necessary legal standards. The agreement was found to provide at least the minimum entitlements required by the Fair Work Act and the relevant awards. Additionally, the Commission was satisfied that the agreement did not contravene any provisions of the Act and was fair and reasonable in all its terms.

The Fair Work Commission approved the Saunders International Limited (Workshop) Certified Agreement 2017 - 2019, effective from the date of the decision. The agreement was to be registered and published as required by the Fair Work Act, thereby providing a legally binding framework for the employment relationship between the company and its employees.

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