SLD Human Resources Pty. Ltd

[2021] FWCA 6232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SLD Human Resources Pty. Ltd
(AG2021/7711)

STABILIME ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 OCTOBER 2021

Application for approval of the Stabilime Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Stabilime Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SLD Human Resources Pty. Ltd (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2021. The nominal expiry date of the Agreement is 12 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SLD Human Resources Pty. Ltd applied to the Fair Work Commission for approval of the Stabilime Enterprise Agreement 2021. The agreement had been negotiated between the company and the union, Australian Manufacturing Workers' Union, representing the employees. The union argued the agreement was fair and reasonable, while the company contended that the agreement contained provisions that were not fair and reasonable. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement contained provisions that were not fair and reasonable. The agreement contained various provisions, including those relating to wages, hours of work, and other employment conditions. The company argued that some of these provisions were not fair and reasonable, while the union argued that all provisions were fair and reasonable. The Fair Work Commission had to consider the evidence and submissions from both parties and determine whether the agreement met the criteria for approval.

The Fair Work Commission found that the agreement contained some provisions that were not fair and reasonable. The company had argued that some of the wage provisions were excessive, and the Commission agreed. The Commission also found that some of the provisions relating to hours of work were not fair and reasonable. However, the Commission found that the majority of the provisions were fair and reasonable. The Commission concluded that the agreement met the criteria for approval, but with some modifications to the wage and hours provisions.

The Fair Work Commission approved the Stabilime Enterprise Agreement 2021, subject to modifications to the wage and hours provisions. The modifications were designed to ensure that the agreement met the criteria for approval under the Fair Work Act 2009. The agreement now provides a fair and reasonable framework for the employment of workers in the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established