MinStaff Survey Pty Ltd

[2014] FWCA 4114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MinStaff Survey Pty Ltd
(AG2014/6220)

MINSTAFF SURVEY EMPLOYEE ENTERPRISE AGREEMENT 2014

Technical services
COMMISSIONER SIMPSON	BRISBANE, 23 JUNE 2014

Application for approval of the Minstaff Survey Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Minstaff Survey Employee Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MinStaff Survey Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MinStaff Survey Pty Ltd, a company providing surveying services, sought approval for the Minstaff Survey Employee Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements set out in the Act. Specifically, the Commission had to assess if the agreement facilitated a productive workplace relationship, was free from coercion and undue influence, and contained appropriate minimum terms and conditions for employees. Additionally, the Commission needed to determine whether the agreement had been fairly negotiated and was genuinely intended to be an enterprise agreement.

In examining the agreement, the Commission found that it did indeed meet the statutory criteria. It was concluded that the agreement facilitated a productive workplace relationship and was free from coercion and undue influence. The agreement contained all the prescribed minimum terms and conditions and was found to have been fairly negotiated. The Commission was satisfied that the agreement was genuinely intended to be an enterprise agreement, thus fulfilling all necessary legal requirements. Consequently, the Commission approved the Minstaff Survey Employee Enterprise Agreement 2014.

The final orders included the approval of the Minstaff Survey Employee Enterprise Agreement 2014, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established