DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stebbins Australia Pty Ltd
(AG2015/2014)

STEBBINS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MARCH 2015

Application for approval of the Stebbins Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stebbins Australia Pty Ltd 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 Stebbins Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 6 March 2015 and, in accordance with s.54, will operate from 13 March 2015. The nominal expiry date of the Agreement is 6 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stebbins Australia Pty Ltd recently came before the Fair Work Commission (FWC) in an application for the approval of the Stebbins Australia Pty Ltd Enterprise Agreement 2014. The application was made by the employer, Stebbins Australia, seeking the FWC’s endorsement of the agreement which outlined the terms and conditions of employment for its workforce. The application was opposed by a number of unions and individual employees who argued that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement was a "bargaining agreement" within the meaning of the Act and whether it complied with the procedural and substantive requirements for approval. The unions and employees argued that the agreement did not meet the "better off overall test" as it did not provide employees with a benefit that was at least equal to the terms and conditions they previously enjoyed under the relevant industrial instrument. Furthermore, the unions submitted that the agreement failed to adequately provide for employee representation and consultation, which is a requirement under the Act.

In its decision, the FWC found that the agreement was indeed a bargaining agreement as it was made between the employer and the employees, and it addressed matters related to the employees' terms and conditions of employment. The FWC considered the arguments put forward by the unions and employees regarding the better off overall test and found that the agreement provided employees with a benefit that was at least equal to their previous terms and conditions. The FWC also held that the agreement sufficiently provided for employee representation and consultation, meeting the requirements of the Act. Consequently, the FWC approved the Stebbins Australia Pty Ltd Enterprise Agreement 2014.

Stebbins Australia 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