DECISION

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

Stag Shopfittings Pty Ltd
(AG2015/2526)

STAG SHOPFITTERS ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE 30 APRIL 2015

Application for approval of the Stag Shopfitters Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Stag Shopfitters Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stag Shopfittings Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] In my view, the Consultation provision in clause 23 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 7 May 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Stag Shopfittings Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Stag Shopfitters Enterprise Agreement 2015-2018. The applicant sought to have the agreement, which was entered into between the employer and the employees represented by the Building and Construction Trades Union, recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by the Building and Construction Trades Union, which argued that the agreement did not comply with certain provisions of the Act.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for registration under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained the minimum terms and conditions required by the Act. The Building and Construction Trades Union contended that the agreement failed to meet these requirements.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the relevant provisions of the Act. The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. It also found that the agreement was not inconsistent with any other industrial instrument that was in force. Therefore, the Commission approved the agreement as a registered agreement under the Fair Work Act.

The Commission's decision provides important guidance on the requirements for approving enterprise agreements. Employers and unions should take note of the Commission's findings and ensure that their agreements comply with the relevant provisions of the Act. This decision is an important reminder of the importance of following the correct procedures when entering into enterprise agreements.

Stag Shopfittings 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