DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders International Limited
(AG2015/4690)

SAUNDERS INTERNATIONAL LIMITED (WORKSHOP) CERTIFIED AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Saunders International Limited (Workshop) Certified Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Limited (Workshop) Certified Agreement 2015 (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] 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] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Saunders International Limited, the Fair Work Commission was asked to approve the Saunders International Limited (Workshop) Certified Agreement 2015. The applicant, Saunders International Limited, is a company that operates within the maritime industry, and the respondent, Maritime Union of Australia, is a trade union representing employees within that industry. The dispute centred on the terms and conditions of employment as outlined in the proposed certified agreement. The Commission needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Act, particularly sections 233 and 234, which set out the conditions for a certified agreement. The Commission needed to consider whether the agreement provided for a fair and efficient workplace, including adequate minimum wages and conditions, and whether it was negotiated in good faith. Additionally, the Commission had to examine whether the agreement contained any terms that were contrary to public policy or not in the best interests of the employees.

The Commission found that the proposed agreement met the statutory requirements for approval. It was noted that the agreement provided for fair and efficient workplaces with appropriate minimum wages and conditions. The Commission was satisfied that the agreement was negotiated in good faith, as evidenced by the extensive consultation and negotiation process between the parties. Furthermore, the Commission found no terms in the agreement that were contrary to public policy or detrimental to the employees' best interests. Consequently, the Commission approved the Saunders International Limited (Workshop) Certified Agreement 2015.

The final orders of the Commission included the approval of the proposed certified agreement, which would now be binding on all parties involved, including Saunders International Limited and the Maritime Union of Australia. The agreement would come into effect from the date of the Commission's decision and would remain in force until superseded by a new certified agreement or terminated in accordance with the provisions of the Fair Work Act 2009.

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