DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stenzel Technology Enterprises Pty Ltd
(AG2019/1588)

STENZEL TECHNOLOGY ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JULY 2019

Application for approval of the Stenzel Technology Enterprises Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Stenzel Technology Enterprises Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stenzel Technology Enterprises Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 4 July 2019 and, in accordance with s.54, will operate from 11 July 2019. The nominal expiry date of the Agreement is 3 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stenzel Technology Enterprises Pty Ltd is a party involved in an application for the approval of an Enterprise Agreement 2019-2023. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement should be approved and registered under the Fair Work Act 2009. The nature of the dispute involves the terms and conditions of employment for the employees of Stenzel Technology Enterprises Pty Ltd, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission involved the fairness of the proposed Enterprise Agreement. The Commission had to consider whether the agreement was made in accordance with the requirements of the Fair Work Act and whether it complied with the 'better off overall test'. This test requires that employees under the agreement should be no worse off financially and should have at least the same rights as those provided under the applicable award or safety net award. The Commission also examined the process by which the agreement was negotiated to ensure it was made in good faith and without coercion.

In its reasoning, the Commission noted that the proposed agreement had been negotiated between the employer and the relevant employee representatives. It found that the agreement provided for terms and conditions that were not less favourable than those provided under the applicable award. Furthermore, the Commission was satisfied that the agreement had been made in good faith and without any element of coercion. After considering the evidence and submissions, the Commission determined that the agreement was fair and met the requirements of the Act. Consequently, the application for approval was granted, and the Enterprise Agreement 2019-2023 was registered.

The final orders of the Commission included the approval and registration of the Stenzel Technology Enterprises Pty Ltd Enterprise Agreement 2019-2023, effective from the date of registration. The agreement now binds the employer and the employees covered by the agreement, setting out their terms and conditions of employment for the specified period.

Stenzel Technology Enterprises 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