DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SLD Human Resources Pty Ltd
(AG2018/7308)

STABILCO ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 JUNE 2019

Application for approval of the Stabilco Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Stabilco Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SLD Human Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2019. The nominal expiry date of the Agreement is 3 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SLD Human Resources Pty Ltd applied to the Fair Work Commission for approval of the Stabilco Enterprise Agreement 2018. The application arose from negotiations between the company and the union representing the employees. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters, as outlined in the proposed agreement. The Fair Work Commission, with its broad jurisdiction over industrial matters, was the appropriate forum for resolving this dispute.

The legal issues the court had to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated. The court also considered whether the agreement complied with the "better off overall test," ensuring that employees were not worse off than under their previous terms and conditions.

The Fair Work Commission found that the Stabilco Enterprise Agreement 2018 met the statutory requirements and was genuinely negotiated. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that employees would be better off overall under the new agreement. Consequently, the Commission approved the agreement, recognising its compliance with the necessary legal standards and the interests of both the employer and the employees. The final orders reflected the Commission's approval of the agreement, which would now govern the employment terms and conditions of the relevant workforce.

SLD Human Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established