Savcor Pty Ltd Summary

[2014] FWCA 1372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Savcor Pty Ltd
(AG2013/12044)

SAVCOR PTY LTD (WOODSIDE) ONSHORE & OFFSHORE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 FEBRUARY 2014

Application for approval of the Savcor Pty Ltd (Woodside) Onshore & Offshore Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Savcor Pty Ltd (Woodside) Onshore & Offshore Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Savcor Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 25 February 2014 and, in accordance with s.54, will operate from 4 March 2014. The nominal expiry date of the Agreement is 25 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Savcor Pty Ltd, an applicant, applied to the Fair Work Commission for approval of the Savcor Pty Ltd (Woodside) Onshore & Offshore Enterprise Agreement 2013. The application was contested by the Australian Manufacturing Workers Union and Woodside Energy Pty Ltd, who raised concerns regarding the fairness and validity of the proposed agreement. The matter was heard in the Fair Work Commission, which had jurisdiction to determine whether the enterprise agreement met the necessary legal criteria.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it contained the necessary terms and conditions. Additionally, the Commission needed to assess whether the agreement provided a safety net of minimum terms and conditions for employees, as required by the Act.

In evaluating the agreement, the Fair Work Commission examined the bargaining process and the content of the agreement. The Commission found that the agreement had been made in good faith, as evidenced by the parties' conduct during the negotiations. The Commission also determined that the agreement appropriately covered the intended bargaining unit and contained all necessary terms and conditions. Furthermore, the Commission confirmed that the agreement provided a safety net of minimum terms and conditions for employees, thus satisfying the requirements of the Act. Consequently, the Commission approved the Savcor Pty Ltd (Woodside) Onshore & Offshore Enterprise Agreement 2013.

The Fair Work Commission's final orders included the approval of the Savcor Pty Ltd (Woodside) Onshore & Offshore Enterprise Agreement 2013, effective from the date of the decision. The Commission also mandated that the agreement be registered with the Fair Work Commission and that it be served on all relevant parties. The decision provided clarity on the legal requirements for enterprise agreements and reinforced the importance of meeting these criteria to ensure fairness and compliance.

Savcor Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established