Stegbar Pty. Limited

[2013] FWCA 1940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stegbar Pty. Limited
(AG2013/659)

STEGBAR PTY LTD (ROWVILLE TIMBER WINDOWS DIVISION & SHOWER SCREENS & ROBES DIVISION) ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 28 MARCH 2013

Application for approval of the Stegbar Pty Ltd (Rowville Timber Windows Division & Shower Screens & Robes Division) Enterprise Agreement 2012.

[1] An application has been made for approval of a single - agreement known as the Stegbar Pty Ltd (Rowville Timber Windows Division & Shower Screens & Robes Division) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stegbar Pty Ltd.

[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 Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2013. The nominal expiry date of the Agreement is 5 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stegbar Pty. Limited, through its Rowville Timber Windows Division and Shower Screens & Robes Division, sought approval for the Enterprise Agreement 2012. The application was lodged with the Fair Work Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009. The decision was pivotal as it involved assessing the fairness and compliance of the proposed terms and conditions with the legislative standards.

The central legal issues the court had to address were whether the Enterprise Agreement 2012 was made in good faith and if it complied with the provisions of the Fair Work Act 2009. The court examined the process of bargaining and the content of the agreement to ensure it was fair and did not unfairly discriminate against employees. Additionally, the court needed to confirm that the agreement was not detrimental to the employees' terms and conditions of employment.

In its reasoning, the court meticulously evaluated the bargaining process and the contents of the agreement. It was determined that the agreement was made in good faith, with genuine negotiations between the employer and the employees' representatives. The court found that the agreement was fair, as it provided for reasonable terms and conditions that did not unjustifiably worsen the employees' situation. The content of the agreement was also found to be compliant with the Fair Work Act 2009, ensuring that no unfair discrimination or detrimental effects on the employees were present.

The Fair Work Commission approved the Enterprise Agreement 2012, affirming its compliance with the statutory requirements and its fairness to the employees. This decision provided clarity and legal certainty to the parties involved, ensuring that the agreement would govern the terms and conditions of employment for the specified divisions of Stegbar Pty. Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established