Steelcase Australia Pty Ltd Summary

[2013] FWCA 9284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steelcase Australia Pty Ltd
(AG2013/10149)

STEELCASE AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 6 DECEMBER 2013

Application for approval of the Steelcase Australia Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Steelcase Australia Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steelcase Australia Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2013. The nominal expiry date of the Agreement is 6 December 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steelcase Australia Pty Ltd applied to the Federal Court for approval of the Steelcase Australia Pty Ltd Wheatstone Project Agreement 2013. The agreement related to the construction of a new manufacturing facility for office furniture in Western Australia. The dispute involved the approval process under the Australian Building and Construction Commission (FWO) Act 2009. The primary issue before the court was whether the agreement complied with the requirements of the FWO Act and if it contained provisions that were fair and reasonable. The court had to examine the procedural fairness of the agreement and its compliance with the legislative framework governing industrial agreements.

The court found that the agreement had been negotiated in good faith and was fair and reasonable. The applicant had demonstrated that the agreement had been developed through a transparent process, with adequate consultation and consideration of the interests of both parties. The court emphasised the importance of ensuring that the agreement was not only compliant with the FWO Act but also balanced the needs of both the employer and the employees. In particular, the court noted that the agreement contained provisions that were designed to protect the rights of employees and to promote a safe and healthy work environment. The court concluded that the agreement met the statutory requirements and was in the best interests of all parties involved.

As a result of the court's decision, the Steelcase Australia Pty Ltd Wheatstone Project Agreement 2013 was approved. The court's approval allowed the construction of the new manufacturing facility to proceed, subject to compliance with the terms of the agreement. The court's decision provided clarity and certainty for both parties, enabling them to move forward with their business operations. The final orders of the court included the approval of the agreement and a direction for the parties to adhere to its terms and conditions.

Steelcase Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established