DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Trustees Limited T/A State Trustees
(AG2018/6031)

STATE TRUSTEES LIMITED ENTERPRISE AGREEMENT 2017

State and Territory government administration
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2019

Application for approval of the State Trustees Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the State Trustees Limited Enterprise Agreement 2017 (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 T/A State Trustees. 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.

[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.

[4] The CPSU, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 20 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, State Trustees Limited T/A State Trustees, sought approval of the State Trustees Limited Enterprise Agreement 2017. The dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for a fair and reasonable method of determining wages and conditions, whether it complied with the relevant minimum standards, and if it was made in good faith. The applicant argued that the agreement was fair and reasonable and met all statutory requirements, while no other party contested the application.

The Commission found that the agreement provided a fair and reasonable method of determining wages and conditions, met the relevant minimum standards, and was made in good faith. The applicant's arguments were persuasive, and the Commission was satisfied that the agreement was fair and reasonable and met all statutory requirements. The application for approval of the State Trustees Limited Enterprise Agreement 2017 was subsequently approved.

The Commission approved the State Trustees Limited Enterprise Agreement 2017, subject to certain modifications to ensure compliance with minimum standards. These modifications included adjustments to the provisions regarding overtime, shift loadings, and penalty rates. The Commission also noted that the agreement included provisions for dispute resolution, which was an important factor in its decision to approve the agreement.

State Trustees Limited T/A State Trustees

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established