Stenar Pty Ltd T/A Walters Fencing

[2014] FWCA 5505

FAIR WORK COMMISSION

DECISION

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

Stenar Pty Ltd T/A Walters Fencing
(AG2014/1924)

STENAR PTY LTD T/AS WALTERS FENCING ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 AUGUST 2014

Application for approval of the Stenar Pty Ltd t/as Walters Fencing Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Stenar Pty Ltd t/as Walters Fencing Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stenar Pty Ltd t/as Walters Fencing (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have 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 of the Agreement is 15 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

Stenar Pty Ltd, trading as Walters Fencing, sought approval for the Enterprise Agreement 2014-2018 from the Fair Work Commission. The agreement was between Stenar and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union contested certain provisions of the agreement, leading to a formal dispute over its approval. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement was made in good faith, whether it was genuinely an enterprise agreement, and if it contained terms that were inconsistent with the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees and if the union had been adequately consulted during its formation. The union argued that the agreement failed to provide sufficient protections for workers, particularly concerning overtime, shift penalties, and redundancy entitlements.

The Commission examined the evidence presented by both parties and assessed the provisions of the agreement against the statutory requirements. The Commission found that the agreement was made in good faith and that it was genuinely an enterprise agreement. The Commission concluded that the provisions of the agreement did not contravene the Fair Work Act and that the union had been adequately consulted. The Commission approved the agreement, noting that it provided a fair and reasonable set of terms for employees, including provisions for overtime, shift penalties, and redundancy entitlements. The Commission's decision was based on the evidence that the agreement met the statutory criteria for approval.

The Fair Work Commission approved the Stenar Pty Ltd t/as Walters Fencing Enterprise Agreement 2014-2018. The Commission found that the agreement was made in good faith and was genuinely an enterprise agreement. The Commission concluded that the agreement did not contravene the Fair Work Act and that the union had been adequately consulted. The Commission's decision was based on the evidence that the agreement met the statutory criteria for approval and provided a fair and reasonable set of terms for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established