Stegbar Pty. Limited Summary

[2013] FWCA 6593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stegbar Pty. Limited
(AG2013/2388)

STEGBAR PTY. LIMITED (LANSVALE) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Stegbar Pty. Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union and the Australian Worker’ Union being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Stegbar Pty. Limited, who applied for the approval of the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be certified as a protected action shield (PAS) agreement. The dispute centred on the agreement's compliance with relevant labour laws and the proper process followed in its creation.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for certification. This included verifying if the agreement was made in good faith, if it was properly negotiated, and if it complied with the Fair Work Act 2009. The Commission also needed to consider whether the agreement adequately represented the interests of the employees and employers involved.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and whether it adhered to the legal standards. The Commission found that the agreement was negotiated in good faith and was compliant with the Fair Work Act. The Commission also determined that the agreement fairly represented the interests of both parties and was in line with the statutory requirements for a PAS agreement. Consequently, the Fair Work Commission approved the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2013 as a protected action shield agreement.

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