DECISION

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

Stabilcorp Pty Ltd
(AG2019/2539)

STABILCORP PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 11 NOVEMBER 2019

Application for approval of the Stabilcorp Pty Ltd Enterprise Agreement 2019 - 2022.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Stabilcorp Pty Ltd (the Applicant) for approval of the Stabilcorp Pty Ltd Enterprise Agreement 2019 - 2022 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 21 August 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions addressing the concerns raised, on 3 September 2019.

[4] The matter was listed for a telephone conference before me on 26 September 2019, further to which the Applicant filed formal undertakings on 3 October 2019.

[5] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] Subject to the undertakings provided, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 10 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Stabilcorp Pty Ltd is the subject of an application for the approval of an enterprise agreement. The applicant, the employer, seeks the Fair Work Commission's endorsement of the proposed agreement, which outlines the terms and conditions of employment for its employees. The Fair Work Commission, Australia's workplace relations tribunal, is tasked with determining whether the agreement meets the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was genuinely negotiated and if it met the criteria for approval as set out in the Act. Specifically, the Commission needed to ascertain whether the agreement was made in good faith and whether it contained minimum terms as required by the legislation. The employer argued that the agreement was the result of genuine negotiations and contained all the necessary minimum terms. The Commission examined the process of negotiation, the contents of the agreement, and the compliance with legal standards.

Upon reviewing the evidence, the Commission found that the employer had engaged in genuine negotiations with the employees' representatives and that the agreement reflected these negotiations. The Commission also determined that the agreement contained all the required minimum terms. Consequently, the Commission approved the application and endorsed the enterprise agreement, finding it to be compliant with the statutory requirements.

No further orders were made beyond the approval and endorsement of the enterprise agreement. The decision stands as a confirmation of the agreement's validity and its enforceability under the Fair Work Act. The approval signifies that the terms and conditions set forth in the agreement will govern the employment relationship between the employer and its employees for the specified period.

Stabilcorp 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