DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bluegum Investment Trust T/A Sarina Mini Excavators
(AG2017/5933)

SARINA MINI EXCAVATORS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MAY 2018

Application for approval of the Sarina Mini Excavators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sarina Mini Excavators Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Bluegum Investment Trust T/A Sarina Mini Excavators. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2018. The nominal expiry date of the Agreement is 3 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Bluegum Investment Trust, trading as Sarina Mini Excavators, sought approval of the Sarina Mini Excavators Enterprise Agreement 2017 before the Fair Work Commission. The application was made in light of the agreement's intended operation and its potential impact on the employees within the enterprise. The nature of the dispute revolved around the specifics of the agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement was a simple, low-risk agreement, whether it contained all the required terms, and whether it complied with the Fair Work Act's good faith bargaining provisions. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees and whether it was consistent with the broader principles of industrial justice. The parties presented their arguments and evidence, focusing on the agreement's provisions, the bargaining process, and the implications for the employees.

In delivering its decision, the Commission carefully examined the agreement and the evidence provided. The Commission found that the agreement was indeed a simple, low-risk agreement, as it contained all the necessary terms and was consistent with the Fair Work Act. The Commission further determined that the agreement was in the best interests of the employees, as it provided fair and reasonable terms and was the product of good faith bargaining. The Commission was satisfied that the agreement met the legal requirements and did not contravene any provisions of the Act. Consequently, the Commission approved the Sarina Mini Excavators Enterprise Agreement 2017.

The Commission's final orders included the approval of the Sarina Mini Excavators Enterprise Agreement 2017, with effect from the date of the decision. The parties were directed to take all necessary steps to give effect to the agreement, including providing notice to employees and ensuring compliance with its terms. The Commission's decision provided clarity and certainty for the parties involved, allowing the agreement to proceed and benefit the employees of the enterprise.

The Bluegum Investment Trust T/A Sarina Mini Excavators

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established