STAT Enterprises Pty Ltd

Case [2016] FWCA 1298


[2016] FWCA 1298

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
STAT Enterprises Pty Ltd t/a BP Southern Cross
(AG2016/2190)

STAT ENTERPRISES PTY LTD COLLECTIVE ENTERPRISE

AGREEMENT 2015

Vehicle industry

COMMISSIONER ROE MELBOURNE, 1 MARCH 2016

Application for approval of the STAT Enterprises Pty Ltd COLLECTIVE ENTERPRISE

AGREEMENT 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

STAT Enterprises Pty Ltd COLLECTIVE ENTERPRISE 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 STAT Enterprises Pty Ltd t/a BP Southern Cross. The Agreement is a single

enterprise agreement.

[2]        The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3]        Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4]        Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1298

[5]        The Agreement was approved on 1 March 2016 and, in accordance with s.54, will

operate from 8 March 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE418026 PR577507>

[2016] FWCA 1298

Annexure A

[2016] FWCA 1298

Details
AGLC
STAT Enterprises Pty Ltd [2016] FWCA 1298
Case
[2016] FWCA 1298
Decision Date

CaseChat Overview and Summary

The Fair Work Commission received an application from STAT Enterprises Pty Ltd t/a BP Southern Cross for approval of the STAT Enterprises Pty Ltd Collective Enterprise Agreement 2015. The agreement was made under section 185 of the Fair Work Act 2009, and concerns a single enterprise agreement. The applicant provided written undertakings that were satisfactory to the Commissioner, who found that the undertakings would not cause financial detriment to any employee and would not result in substantial changes to the agreement. The Commissioner was also satisfied that the agreement met the requirements of sections 186, 187, 188 and 190 of the Act, and that the group of employees covered by the agreement was fairly chosen.

The Commissioner found that the agreement did not cover all of the employees of the employer but took into account the factors in section 186(3) and (3A) of the Act. The model consultation term prescribed by the Fair Work Regulations 2009 was deemed to be a term of the agreement under section 205(2) of the Act. The agreement was approved by the Commissioner on 1 March 2016, and will operate from 8 March 2016. The nominal expiry date of the agreement is 1 March 2020. The Commissioner printed the decision by authority of the Commonwealth Government Printer.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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