State Trustees Limited

[2021] FWCA 7015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Trustees Limited
(AG2021/8386)

STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2021

State and Territory government administration
COMMISSIONER YILMAZ	MELBOURNE, 8 DECEMBER 2021

Application for approval of the State Trustees Limited Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the State Trustees Limited Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State Trustees Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 48.5.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.1.20 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Community and Public Sector 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 15 December 2021. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Fair Work Commission's consideration of an application by State Trustees Limited to approve the State Trustees Limited Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment for the employees covered by the proposed agreement. The application was heard by the Fair Work Commission, Australia's national workplace relations tribunal.

The central legal issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the statutory requirements for good faith bargaining, and if it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or that had an adverse impact on the employees' health and safety.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and that it met the requirements of good faith bargaining. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees, and that it did not contain any provisions that were contrary to public policy or that had an adverse impact on the employees' health and safety. Consequently, the Commission approved the State Trustees Limited Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established