DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Budstar Pty Ltd T/A DJ Staniforth & Co
(AG2017/6232)

D.J. STANIFORTH & CO SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 APRIL 2018

Application for approval of the D.J. Staniforth & Co Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the D.J. Staniforth & Co Single 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 Budstar Pty Ltd T/A DJ Staniforth & Co. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 12 April 2018 and, in accordance with s.54, will operate from 19 April 2018. The nominal expiry date of the Agreement is 12 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Budstar Pty Ltd T/A DJ Staniforth & Co, a company that operates in the funeral services industry, applied for the approval of the DJ Staniforth & Co Single Enterprise Agreement 2017. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms and conditions. The applicant, represented by Counsel, argued that the agreement was a genuine enterprise agreement and that it was fair and reasonable in all respects. The respondent, represented by Counsel, contended that the agreement did not comply with the statutory requirements and that it contained unfair and unreasonable terms.

The legal issues before the FWC were whether the agreement was a genuine enterprise agreement, whether it complied with the statutory requirements for approval, and whether it provided for fair and reasonable terms and conditions. The FWC found that the agreement was a genuine enterprise agreement and that it complied with the statutory requirements for approval. The FWC also found that the agreement provided for fair and reasonable terms and conditions, notwithstanding some minor defects that did not affect the overall fairness and reasonableness of the agreement. The FWC was satisfied that the agreement provided for reasonable protections for employees and that it balanced the interests of both the employer and the employees.

The FWC approved the DJ Staniforth & Co Single Enterprise Agreement 2017, subject to some minor modifications to address the defects identified in the agreement. The modifications included clarifying the definition of "employee" and "employer" and correcting some typographical errors. The FWC noted that the agreement provided for a fair and reasonable set of terms and conditions for employees in the funeral services industry, and that it would promote industrial peace and harmony. The FWC also noted that the agreement provided for a streamlined dispute resolution process that would enable disputes to be resolved efficiently and effectively.

Budstar Pty Ltd T/A DJ Staniforth & Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established