Fortress Systems Pty Ltd

[2013] FWCA 3842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fortress Systems Pty Ltd
(AG2013/6481)

FORTRESS SYSTEMS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 JUNE 2013

Application for approval of the Fortress Systems Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fortress Systems Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Fortress Systems Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 24 June 2013. The nominal expiry date of the Agreement is 23 June 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Fortress Systems Pty Ltd applied to the Fair Work Commission for approval of the Fortress Systems Enterprise Agreement 2013. The applicant sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The nature of the dispute centred around the compliance of the proposed agreement with the statutory requirements for registration, including whether it contained all the necessary provisions, and if it met the standards for good faith bargaining and procedural fairness.

The legal issues before the Commission included whether the agreement properly complied with the legislative framework, specifically if it included all the prescribed minimum terms and conditions, and whether the process leading to its formation was in accordance with the principles of procedural fairness and good faith bargaining. Additionally, the Commission had to determine if the agreement was genuinely negotiated between the parties, and if it contained all the necessary provisions, including minimum rates of pay, classification of employees, and other relevant terms.

The Commission found that the agreement was compliant with the statutory requirements and was the product of genuine negotiations between the parties. It was concluded that the agreement contained all the necessary provisions and met the standards for procedural fairness and good faith bargaining. The Commission approved the Fortress Systems Enterprise Agreement 2013 and registered it as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established