Stegbar Pty Limited

[2014] FWCA 6587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stegbar Pty Limited
(AG2014/1932)

STEGBAR PTY LTD (ROWVILLE ALUMINIUM ASSEMBLY PLANT) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of the Stegbar Pty Ltd (Rowville Aluminium Assembly Plant) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stegbar Pty Ltd (Rowville Aluminium Assembly Plant) 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 Stegbar Pty Limited. The agreement is a single enterprise agreement.

[2] 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 Australian Workers’ 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.

[4] The Agreement was approved on 19 September 2014 and, in accordance with s.54, will operate from 26 September 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stegbar Pty Limited, the applicant, sought approval for the Stegbar Pty Ltd (Rowville Aluminium Assembly Plant) Enterprise Agreement 2014 from the Fair Work Commission. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and its associated regulations. The application was brought forth following negotiations between the employer and the employees, represented by the United Voice union.

The central legal issue before the Commission was whether the terms and conditions outlined in the enterprise agreement were consistent with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided a safety net of minimum entitlements and whether it adhered to the process for making the agreement, including any necessary certifications. Furthermore, the Commission needed to consider if the agreement had been fairly negotiated and if it included provisions that were necessary to prevent, mitigate or remedy an unfair workplace practice.

The Fair Work Commission examined the enterprise agreement clause by clause, ensuring that it met all statutory requirements. The Commission found that the agreement provided for a safety net of minimum entitlements, was fairly negotiated, and did not contain any terms that would be detrimental to the employees. The Commission also noted that the agreement included necessary provisions to prevent, mitigate, or remedy any unfair workplace practices. Consequently, the Commission approved the Stegbar Pty Ltd (Rowville Aluminium Assembly Plant) Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established