Savannah Engineers WA Pty Ltd Summary

[2014] FWCA 3836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Savannah Engineers WA Pty Ltd
(AG2014/6190)

SAVANNAH ENGINEERS WA PTY LIMITED 2014 EMPLOYEE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 JUNE 2014

Application for approval of the Savannah Engineers WA Pty Limited 2014 Employee Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Savannah Engineers WA Pty Limited 2014 Employee Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Savannah Engineers WA Pty Ltd, sought the Fair Work Commission's approval of an employee agreement under the Fair Work Act 2009. The proposed agreement, dated 2014, was intended to cover a defined group of employees. The Commission was tasked with determining whether the agreement met the necessary requirements and standards as stipulated by the Act.

The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to ascertain if the agreement contained all the mandated terms and conditions and whether it adhered to the criteria for individual or atypical work agreements. Furthermore, the Commission had to ensure that the agreement did not undermine the protections afforded to employees under the Act.

The Fair Work Commission examined the proposed agreement meticulously, considering the statutory obligations and the specific needs of the employees. The Commission found that the agreement met all the required provisions and standards set forth by the Fair Work Act. The agreement contained all the mandated terms and conditions, and it did not compromise the protections provided to employees. Consequently, the Commission approved the agreement, finding it to be compliant with the legislation.

The Fair Work Commission approved the Savannah Engineers WA Pty Ltd 2014 Employee Agreement, confirming its compliance with the Fair Work Act and its adherence to the necessary terms and conditions. This decision allows the agreement to be implemented for the defined group of employees, providing them with a clear and legally binding framework for their employment.

Savannah Engineers WA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established