Field Staff Pty Ltd Summary

[2014] FWCA 1627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Field Staff Pty Ltd
(AG2014/406)

FIELD STAFF (REMOTE SITE OPERATIONS) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 MARCH 2014

Application for approval of the Field Staff (Remote Site Operations) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Field Staff (Remote Site Operations) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term, the model consultation term 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Field Staff Pty Ltd, an employer, applied for approval of the Field Staff (Remote Site Operations) Enterprise Agreement 2014. The applicant argued that the agreement was appropriate for its employees working in remote site operations, and that the approval process should proceed. The dispute arose under the Fair Work Act 2009, with the Fair Work Commission hearing the application. The legal issues before the court involved whether the enterprise agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The court examined the enterprise agreement to determine if it complied with the statutory provisions of the Fair Work Act. It considered whether the agreement provided fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith. The court also assessed if the agreement was appropriate for the specific circumstances of the remote site operations, including the unique challenges and conditions faced by employees in such environments.

The court found that the enterprise agreement was comprehensive and provided fair and reasonable terms and conditions of employment for the employees involved. It determined that the agreement had been negotiated in good faith and was appropriate for the specific circumstances of remote site operations. The court was satisfied that the agreement was in the best interests of the employees and approved the application for the agreement to be registered.

The Fair Work Commission approved the Field Staff (Remote Site Operations) Enterprise Agreement 2014, registering it under the Fair Work Act. The decision confirmed the agreement's appropriateness and compliance with the statutory requirements, ensuring that the employees would benefit from the negotiated terms and conditions.

Field Staff Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established