State Trustees Limited T/A State Trustees

[2014] FWCA 8306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Trustees Limited T/A State Trustees
(AG2014/7908)

STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2014

State and Territory government administration
COMMISSIONER BISSETT	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the State Trustees Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the State Trustees Limited Enterprise Agreement 2014 (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] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[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(1) of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

State Trustees Limited T/A State Trustees was involved in a legal proceeding concerning the approval of the State Trustees Limited Enterprise Agreement 2014. The dispute was heard by the Fair Work Commission, an Australian federal workplace relations tribunal. The case revolved around the fairness and compliance of the proposed enterprise agreement with the relevant legislative framework, specifically the Fair Work Act 2009. The key issue before the Commission was whether the agreement was fair and met the requirements for certification, including provisions for employee representation, minimum entitlements, and procedural fairness.

The Commission's analysis focused on the negotiation process and the substantive provisions of the agreement. It examined whether the agreement was genuinely negotiated and whether it provided fair and reasonable terms for employees. The Commission also assessed if the agreement met the statutory criteria for certification, including whether it provided for adequate employee representation and minimum entitlements. The Commission determined that the agreement was fairly negotiated and provided for adequate employee representation, as well as meeting the minimum entitlements required by the Fair Work Act. Furthermore, the Commission found that the agreement did not unfairly disadvantage any employees and was consistent with the purpose of the Act.

Consequently, the Fair Work Commission approved the State Trustees Limited Enterprise Agreement 2014, finding it to be fair and meeting the statutory requirements for certification. The decision confirmed that the agreement was appropriately negotiated and provided for adequate employee representation and minimum entitlements, without unfairly disadvantaging any employees. The Commission's approval of the agreement ensures that it will be legally binding on the parties involved, providing a stable and fair framework for workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established