Employment Advocacy Solutions Pty Ltd

[2013] FWCA 6668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Employment Advocacy Solutions Pty Ltd
(AG2013/2258)

STENHOUSE LIFTING EQUIPMENT PTY LTD TRADING AS STENHOUSE LIFTING & SAFETY SOLUTIONS YATALA BUNDABERG WACOL SINGLE ENTERPRISE AGREEMENT
JULY 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Stenhouse Lifting Equipment Pty Ltd Trading as Stenhouse Lifting & Safety Solutions Yatala Bundaberg Wacol Single Enterprise Agreement July 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stenhouse Lifting Equipment Pty Ltd Trading as Stenhouse Lifting & Safety Solutions Yatala Bundaberg Wacol Single Enterprise Agreement July 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Employment Advocacy Solutions Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Employment Advocacy Solutions Pty Ltd recently applied to the Fair Work Commission for approval of a new single enterprise agreement for employees of Stenhouse Lifting Equipment Pty Ltd, trading as Stenhouse Lifting & Safety Solutions. The application for approval was made under section 231 of the Fair Work Act 2009. The nature of the dispute was primarily focused on the terms and conditions of employment, as well as the dispute resolution mechanisms within the proposed agreement.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the necessary standards for approval. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, if it met the "better off overall test" and if it complied with the "good faith" bargaining requirement.

The Commission carefully examined the proposed agreement, focusing on the terms and conditions, dispute resolution mechanisms, and overall fairness. It found that the agreement did meet the statutory requirements and was in line with the principles of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, met the "better off overall test" and complied with the "good faith" bargaining requirement. Therefore, the application for approval was successful.

The Commission approved the Stenhouse Lifting Equipment Pty Ltd Trading as Stenhouse Lifting & Safety Solutions Yatala Bundaberg Wacol Single Enterprise Agreement July 2013, effective from 1 July 2013. The approved agreement will now govern the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established