Construction, Forestry, Mining and Energy Union

[2017] FWCA 6826

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5630)

Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Saunders	NEWCASTLE, 19 DECEMBER 2017

Application for approval of the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Stegbar Pty. Limited (Lansvale) 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 Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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 Australian Workers’ Union and Construction, Forestry, Mining and Energy Union being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2017. The dispute centred on whether the agreement met the criteria for modern awards under the Fair Work Act 2009. Stegbar Pty. Limited, the employer, did not contest the approval of the agreement but raised concerns about specific provisions, particularly those related to wage rates and conditions.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, whether it allowed for genuine flexibility and adaptability in the workplace, and whether it was consistent with the objects of the Fair Work Act. The Commission had to determine if the agreement satisfied the statutory requirements for modern awards and whether it provided for appropriate protections and benefits for employees.

The Commission found that the agreement substantially met the criteria for approval. It noted that the agreement provided for minimum wage rates that were consistent with modern awards and contained provisions for penalty rates, allowances, and leave entitlements. The Commission considered that the agreement allowed for flexibility in the workplace while also ensuring that employees were not disadvantaged. The Commission concluded that the agreement provided appropriate protections for employees and met the statutory requirements for modern awards. The application for approval was subsequently granted.

The Fair Work Commission approved the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2017. The employer was directed to take all necessary steps to implement the agreement and to provide a copy of the approved agreement to the Commission within 14 days of the decision. The agreement was to come into effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established