Saunders International Ltd Summary

[2014] FWCA 4997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saunders International Ltd
(AG2014/1551)

SAUNDERS INTERNATIONAL LIMITED (WORKSHOP) CERTIFIED AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 24 JULY 2014

Application for approval of the Saunders International Limited (Workshop) Certified Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Limited (Workshop) Certified Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Saunders International Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 31 July 2014. The nominal expiry date of the Agreement is 31 May 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by Saunders International Limited (the applicant) seeking approval of the Saunders International Limited (Workshop) Certified Agreement 2014 (the Agreement). The application was opposed by the Transport Workers Union of Australia (the respondent). The matter was heard in the Fair Work Commission.

The central issue before the Commission was whether the Agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the Agreement was in the public interest, if it contained terms that were consistent with the principles of the safety net, and if it provided for the proper resolution of workplace issues. The respondent argued that the Agreement did not meet these requirements and should not be approved.

The Fair Work Commission found that the Agreement did meet the requirements for approval. The Commission noted that the Agreement contained terms that were consistent with the safety net provisions of the Fair Work Act and that it provided for the proper resolution of workplace issues. The Commission also found that the Agreement was in the public interest as it provided for a fair and equitable resolution of workplace issues between the parties. The Commission approved the Agreement and dismissed the respondent's opposition.

The Fair Work Commission ordered that the Agreement be approved as a registered agreement under the Fair Work Act. The Commission also ordered that the Agreement be registered with the Australian Industrial Relations Commission.

Saunders International Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established