DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sava Engineering Pty Ltd
(AG2015/775)

SAVA ENGINEERING PTY LTD WORKSHOP & SITE COLLECTIVE BARGAINING AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 APRIL 2015

Application for approval of the Sava Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Sava Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Sava Engineering Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 17 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sava Engineering Pty Ltd was the subject of a dispute where the company sought approval for a collective bargaining agreement covering the period 2014-2017. The application was made in the Fair Work Commission. The nature of the dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The issues revolved around whether the agreement adhered to the principles of good faith bargaining and if it included provisions that were contrary to public policy or industrial law.

The Fair Work Commission examined the application to determine if the agreement was consistent with the principles of genuine agreement and if it contained provisions that were fair and reasonable. Key considerations included whether the agreement was negotiated in good faith and if it provided for fair and reasonable terms and conditions of employment. The commission also assessed if the agreement included any provisions that might be considered to be contrary to public policy or contrary to the principles of industrial law. The decision required a careful balancing of the rights and interests of both the employer and the employees, ensuring that the agreement was not only legally compliant but also fair and just.

In its ruling, the Fair Work Commission found that the agreement met the necessary legal standards for approval. The commission concluded that the agreement was the result of genuine bargaining and contained terms and conditions that were fair and reasonable. The commission determined that no provisions in the agreement were contrary to public policy or industrial law. Therefore, the Sava Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2014-2017 was approved. The decision affirmed the importance of adhering to the principles of good faith and fairness in industrial agreements.

Sava Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established