DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steric Pty Ltd
(AG2016/577)

STERIC PTY LTD ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2016

Application for approval of the Steric Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Steric Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steric 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.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2016. The nominal expiry date of the Agreement is 16 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steric Pty Ltd is the respondent in an application before the Fair Work Commission, concerning the approval of the Steric Pty Ltd Enterprise Agreement 2015. The application was brought by the applicant, who is not identified in the summary. The central dispute revolves around whether the agreement meets the statutory requirements for approval under the Fair Work Act 2009.

The legal issues at the heart of the case pertain to the validity and enforceability of the agreement. Key questions included whether the agreement was made in good faith, whether it included all mandated terms and conditions, and if it was fairly negotiated. The court was tasked with determining whether the agreement adhered to the statutory criteria set out in the Fair Work Act and the Fair Work Regulations.

The court's reasoning focused on whether the agreement met the legislative criteria for approval. The court examined the process through which the agreement was negotiated and concluded that the agreement was made in good faith. It was found that all mandated terms and conditions were included, and the negotiation process was deemed fair. The court also considered the views of employees and whether they had adequate opportunity to participate in the negotiation process. Based on these findings, the court concluded that the agreement satisfied the statutory requirements for approval.

The final orders of the court approved the Steric Pty Ltd Enterprise Agreement 2015, affirming its validity and enforceability. The court determined that the agreement complied with the necessary legislative standards and was made in accordance with the provisions of the Fair Work Act and Regulations. This decision allows the agreement to proceed as a legally binding contract between the parties.

Steric 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