S & T Labour Services Pty Ltd Summary

[2014] FWCA 6525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & T Labour Services Pty Ltd
(AG2014/1408)

EMPLOYEE ADMINISTRATIVE COLLECTIVE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 17 SEPTEMBER 2014

Application for approval of the Employee Administrative Collective Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Employee Administrative Collective Agreement 2014 (the Agreement). The application was made by S & T Labour Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The consultation provision at clause 35 of the Agreement does meet the requirements of section 205 of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 24 September 2014. The nominal expiry date of the Agreement is 16 September 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, S & T Labour Services Pty Ltd applied for approval of the Employee Administrative Collective Agreement 2014. The respondents, represented by the Health Services Union, opposed the application, arguing that the agreement did not meet the criteria for approval as it did not comply with certain provisions of the Fair Work Act. The central dispute revolved around whether the agreement met the requirements for approval under the Fair Work Act, particularly in terms of its adherence to the process for approving an enterprise agreement and the protections it afforded to employees.

The court had to determine whether the agreement was properly negotiated, if it contained the necessary minimum terms and conditions, and if it complied with procedural requirements such as notice and disclosure. Additionally, the court needed to assess whether the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and other employment conditions.

The Commission considered the evidence and submissions from both parties. It found that the agreement was negotiated in good faith and contained the necessary minimum terms. The Commission also determined that the process followed was appropriate and that the agreement provided adequate protections for employees. Consequently, the Commission approved the Employee Administrative Collective Agreement 2014. The Health Services Union's objections were dismissed.

S & T Labour Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established