Stegbar Pty. Limited

[2014] FWCA 4300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stegbar Pty. Limited
(AG2014/1474)

STEGBAR PTY LTD (ROWVILLE TIMBER ASSEMBLY & COMPONENT PLANT) ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 30 JUNE 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the Name of Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Stegbar Pty Ltd (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2014. The nominal expiry date of the Agreement is 31 December 2016.

Annexure A

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CaseChat Overview and Summary

Stegbar Pty. Limited applied for approval of the Stegbar Pty Ltd (Rowville Timber Assembly & Component Plant) Enterprise Agreement 2014. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The key issue before the Commission was whether the agreement complied with the provisions of the Act, particularly focusing on the requirements for the fair and equitable treatment of employees, and whether it met the criteria for being a "single enterprise agreement" as required by the legislation.

The Commission examined the agreement clause by clause, ensuring that it provided for the fair and equitable treatment of employees and that it complied with the relevant legislative provisions. The applicant provided evidence that the agreement had been negotiated in good faith and that it was consistent with the legislative framework. The Commission found that the agreement did indeed meet the requirements of the Fair Work Act, as it provided for the fair and equitable treatment of employees and complied with the criteria for being a "single enterprise agreement." The Commission also noted that the agreement had been negotiated in good faith and that it was consistent with the relevant legislative provisions.

Following its analysis, the Commission approved the Stegbar Pty Ltd (Rowville Timber Assembly & Component Plant) Enterprise Agreement 2014. The decision was based on the findings that the agreement provided for the fair and equitable treatment of employees and that it met the criteria for being a "single enterprise agreement." The Commission's approval of the agreement means that it is now legally binding on all employees covered by the agreement and on the employer. The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established