DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stable Australia Pty Ltd T/A Stable Engineering Services
(AG2015/3402)

STABLE AUSTRALIA PTY LTD & CFMEU POWER INDUSTRY (MECHANICAL) AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2015

Application for approval of the Stable Australia Pty Ltd & CFMEU Power Industry (Mechanical) Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Stable Australia Pty Ltd & CFMEU Power Industry (Mechanical) Agreement 2015 (Agreement). The application was made by Stable Australia Pty Ltd T/A Stable Engineering Services pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] An undertaking has been given in relation to clause 21.2.2 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Appendix A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stable Australia Pty Ltd, trading as Stable Engineering Services, applied for approval of the Stable Australia Pty Ltd & CFMEU Power Industry (Mechanical) Agreement 2015. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute was heard in the Federal Circuit Court of Australia. The legal issues before the court involved determining whether the agreement met the requirements of the Fair Work Act, including ensuring it provided for a fair and equitable outcome for employees and that it did not discriminate against any group of employees. Additionally, the court had to consider whether the agreement complied with the national employment standards and if it was consistent with the objects of the Act, particularly in relation to facilitating improved workplace relations and productivity.

The court examined the terms of the agreement, the process by which it was negotiated, and the extent to which it involved genuine bargaining between the parties. It considered submissions from both the applicant and the relevant unions, as well as the views of employees who were party to the agreement. The court found that the agreement was fair and reasonable, providing for equitable treatment of employees and not discriminating against any group. It concluded that the agreement complied with the national employment standards and was consistent with the objects of the Fair Work Act. The court was satisfied that the agreement had been genuinely negotiated and that it facilitated improved workplace relations and productivity.

As a result, the court approved the agreement under section 234 of the Fair Work Act 2009. The decision was made in favour of Stable Australia Pty Ltd, and the agreement was approved as a registered agreement. The court's approval enabled the agreement to have legal effect and be enforceable between the parties. This decision ensured that the terms of the agreement could be implemented and that employees would benefit from the negotiated provisions.

Stable Australia Pty Ltd T/A Stable Engineering Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established