One Staff Pty Ltd

[2013] FWCA 9148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

One Staff Pty Ltd
(AG2013/9988)

ONE STAFF PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 NOVEMBER 2013

Application for approval of the One Staff Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 November 2013 by One Staff Pty Ltd for the approval of a single-enterprise agreement known as the One Staff Pty Ltd Enterprise Agreement 2013 (“the 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved One Staff Pty Ltd and the union representing its employees. The union sought approval of the Enterprise Agreement 2013, which had been negotiated between the union and the employer. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for an enterprise agreement.

The primary legal issues before the court were whether the Enterprise Agreement 2013 was made in good faith, whether it provided for proper consultation and whether it contained all the required terms and conditions. Additionally, the court needed to determine if the agreement was fair and reasonable in all its aspects.

In delivering its decision, the Fair Work Commission held that the Enterprise Agreement 2013 was made in good faith and that proper consultation had taken place between the parties. The court found that the agreement contained all the required terms and conditions and was fair and reasonable. The Commission approved the Enterprise Agreement 2013, noting that it provided for appropriate protections for employees and balanced the interests of both the employer and the employees.

The final orders of the court were that the Enterprise Agreement 2013 was approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the employer was required to provide a copy of the agreement to all affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established