Fortress Systems Pty Ltd

[2013] FWCA 3789

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, an Australian company, applied to the Fair Work Commission for approval of the Fortress Systems Enterprise Agreement 2013. The application was made under the Fair Work Act 2009, and the dispute centred on whether the agreement met the necessary criteria for approval, including compliance with the "better off overall test" and ensuring that the agreement was not contrary to the public interest. The Commission was tasked with determining whether the agreement provided a fair and reasonable outcome for all parties involved, particularly the employees.

The primary legal issue before the Commission was whether the agreement provided employees with a better overall outcome than if they were governed by the applicable award. This involved assessing the terms and conditions outlined in the agreement, including wages, leave entitlements, and other benefits, to ensure they were at least as good as, if not better than, the minimum standards set by the relevant industrial award. Additionally, the Commission needed to consider whether the agreement was in the public interest and did not contravene any provisions of the Fair Work Act.

The Fair Work Commission concluded that the Fortress Systems Enterprise Agreement 2013 did indeed meet the better off overall test and was not contrary to the public interest. The Commission found that the terms and conditions of the agreement provided employees with improved outcomes in areas such as wages and benefits compared to the applicable award. The Commission also considered the views of the employees, represented by their union, and found that the majority supported the agreement. As a result, the Commission approved the agreement, finding that it met the necessary legal standards for endorsement.

The Commission issued an approval order for the Fortress Systems Enterprise Agreement 2013, confirming its validity and legal effect under the Fair Work Act. This order ensured that the agreement would govern the employment conditions of the relevant employees, providing them with the benefits outlined within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established