Stegbar Pty. Limited

[2013] FWCA 4021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stegbar Pty. Limited
(AG2013/1271)

STEGBAR (MOOREBANK) ENTERPRISE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER MACDONALD	SYDNEY, 24 JUNE 2013

Application for approval of the Stegbar (Moorebank) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stegbar (Moorebank) Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Stegbar Pty Limited (“the applicant”). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stegbar Pty. Limited applied to the Fair Work Commission for the approval of the Stegbar (Moorebank) Enterprise Agreement 2013. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement provided for the proper resolution of workplace issues, as required by section 234 of the Act. The Commission had to assess whether the agreement was fair and reasonable, and whether it complied with the relevant legislative provisions.

The Commission found that the agreement was fair and reasonable, and complied with the relevant provisions of the Act. The agreement provided for the proper resolution of workplace issues, and included provisions for employee consultation and participation. The Commission also found that the agreement did not unfairly disadvantage any party, and that it was not contrary to public policy. The Commission approved the agreement, finding that it met the criteria for approval under the Act.

The Fair Work Commission approved the Stegbar (Moorebank) Enterprise Agreement 2013, subject to certain modifications to ensure compliance with the Act. The modifications included the addition of provisions relating to employee entitlements and dispute resolution mechanisms. The parties to the agreement were required to implement the modifications within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established