DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stable Australia Pty Ltd t/a Stable Engineering
(AG2015/6446)

STABLE ENGINEERING WORKSHOP AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Stable Engineering Workshop Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stable Engineering Workshop Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stable Australia Pty Ltd t/a Stable Engineering. 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 was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 28 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Stable Australia Pty Ltd trading as Stable Engineering, which sought approval of the Stable Engineering Workshop Agreement 2015. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement provided adequate protections for employees and complied with relevant legislation.

The primary legal issues the court addressed were whether the agreement appropriately balanced the interests of the employer and employees, ensured fair treatment and adequate protections, and adhered to the statutory requirements of the Fair Work Act 2009. The court examined the provisions of the agreement concerning wages, hours of work, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement did not adequately protect employees' interests, particularly in relation to the terms of employment and the dispute resolution process. The Commission concluded that the agreement failed to meet the requirements of the Fair Work Act as it did not provide for a fair and effective means of resolving disputes. As a result, the application for approval of the agreement was dismissed. The Commission ordered that the agreement be returned to the parties for further negotiation and amendment to address the identified deficiencies.

Stable Australia Pty Ltd t/a Stable Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established