DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders International Limited
(AG2015/5594)

SAUNDERS INTERNATIONAL LIMITED NATIONAL MAINTENANCE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Saunders International Limited National Maintenance Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Limited National Maintenance Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ian Mcloughlin. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Saunders International Limited, sought approval of its national maintenance agreement from 2015 to 2019 under the Fair Work Act 2009. The respondent, the Transport Workers Union, opposed the application, arguing the agreement did not meet the criteria set by the Act. The Fair Work Commission was the court involved in this matter.

The central legal issue was whether the national maintenance agreement complied with the statutory requirements for approval. The agreement needed to meet the criteria outlined in section 233 of the Act, which includes ensuring the agreement promotes simplicity, certainty, and flexibility in workplace relations. The respondent contended that the agreement failed to adequately cover all necessary aspects and did not sufficiently promote the principles of simplicity, certainty, and flexibility.

The Commission assessed the agreement against the legislative criteria and found that, while there were areas for improvement, the overall agreement did provide a fair and reasonable framework for the maintenance of employees' conditions. The agreement included provisions that aligned with the principles of simplicity, certainty, and flexibility, despite the respondent's arguments. The Commission concluded that the benefits of approving the agreement outweighed the shortcomings and approved the national maintenance agreement.

The Fair Work Commission approved the national maintenance agreement between Saunders International Limited and the Transport Workers Union, effective from 2015 to 2019. The Commission found that the agreement met the statutory criteria and provided a fair and reasonable framework for the maintenance of employees' conditions.

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