DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stella Industrial Pty Ltd
(AG2019/1037)

STELLA INDUSTRIAL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2019

Application for approval of the Stella Industrial Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Stella Industrial Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stella Industrial Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 31 May 2019 and, in accordance with s.54, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stella Industrial Pty Ltd sought approval of the Stella Industrial Enterprise Agreement 2019 from the Fair Work Commission. The agreement was submitted for assessment under the Fair Work Act 2009, and the primary dispute was whether the agreement met the necessary requirements for approval. This included examining whether the agreement was made in good faith, whether it contained the minimum entitlements required by the Act, and if it was free from any improper interference.

The legal issues before the Commission involved the interpretation and application of specific provisions of the Fair Work Act, particularly those relating to good faith bargaining, minimum entitlements, and the absence of improper interference. The applicant needed to demonstrate that the agreement was made without coercion, duress, or other improper conduct and that it contained all the mandated minimum terms and conditions.

In its decision, the Commission carefully reviewed the evidence and submissions from both parties. It found that the agreement had been made in good faith and included all required minimum entitlements. There was no evidence of any improper interference in the bargaining process. Consequently, the Commission approved the agreement under the Fair Work Act. The decision underscored the importance of ensuring that enterprise agreements are both fair and comprehensive, protecting the rights of employees while also balancing the interests of employers.

Stella Industrial Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established