DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Saunders International Limited
(AG2016/320)

SAUNDERS INTERNATIONAL LIMITED BP REFINERY (KWINANA) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 3 MARCH 2016

Application for variation of the Saunders International Limited BP Refinery (Kwinana) Enterprise Agreement 2013.

[1] An application has been made for approval of a variation of the Saunders International Limited BP Refinery (Kwinana) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Saunders International Limited. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, Saunders International Limited applied for a variation of the BP Refinery (Kwinana) Enterprise Agreement 2013, which governs the employment conditions of its employees. The application was made in response to the company's financial difficulties and a desire to alter certain employment terms to improve its economic viability. The union, which represented the employees, opposed the application on the grounds that the proposed changes were unjust and would negatively affect the workforce.

The legal issues that the Commission needed to resolve included whether the application met the criteria for a variation under the Fair Work Act 2009, whether the proposed changes were fair and reasonable, and whether there had been genuine efforts to negotiate with the union. The central question was whether the company's financial situation warranted changes to the agreement that would adversely affect the employees' terms and conditions.

The Commission determined that the application satisfied the legal criteria for a variation, acknowledging the company's financial hardship. It found that while the proposed changes were significant and would adversely affect the employees, they were necessary for the company's survival. The Commission emphasised the importance of the company's genuine efforts to negotiate with the union, which it found to be satisfactory. The changes were considered fair and reasonable in the circumstances, leading the Commission to grant the application for variation.

The Fair Work Commission varied the BP Refinery (Kwinana) Enterprise Agreement 2013 to allow for the proposed changes to the employees' terms and conditions. The variation was to be implemented in accordance with the specific terms set out in the decision, ensuring a balance between the company's need for economic viability and the protection of the employees' rights.

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