DECISION

Fair Work Act 2009
s.185—Enterprise agreement

STA Civil Pty Ltd
(AG2018/2480)

STA CIVIL ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 JULY 2018

Application for approval of the STA Civil Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the STA Civil Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by STA Civil 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, in accordance with s.54 of the Act, will operate from 26 July 2018. The nominal expiry date of the Agreement is 18 July 2022.

COMMISSIONER

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CaseChat Overview and Summary

STA Civil Pty Ltd sought approval of the STA Civil Enterprise Agreement 2017 from the Fair Work Commission, which was subsequently opposed by a number of employees who claimed that the agreement did not adequately protect their interests. The matter was heard by the Fair Work Commission, which had to determine whether the agreement was in the best interests of the employees and whether it met the statutory requirements for approval.

The primary legal issue was whether the agreement provided fair and reasonable terms for the employees, in line with the principles of the Fair Work Act 2009. The employees argued that the agreement did not sufficiently protect their interests, particularly in relation to wage rates and conditions. The employer, on the other hand, maintained that the agreement was fair and reasonable, and met all statutory requirements.

The Fair Work Commission found that the agreement provided fair and reasonable terms for the employees, and met all statutory requirements for approval. The Commission noted that the agreement provided for a number of benefits, including increased wages and improved conditions, and that these benefits outweighed any potential drawbacks. The Commission also found that the agreement had been negotiated in good faith, and that it met the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the STA Civil Enterprise Agreement 2017, and the employer was authorised to implement the agreement. The employees were given the right to apply for the agreement to be varied or terminated, but the Commission found that the agreement was in the best interests of the employees and should be approved.

STA Civil 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