Stevens Communications Pty Ltd

[2013] FWCA 1471

FAIR WORK COMMISSION

DECISION

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

Stevens Communications Pty Ltd
(AG2013/379)

STEVCOM AGREEMENT 2013 TO 2016

Telecommunications services
COMMISSIONER ROE	MELBOURNE, 8 MARCH 2013

Application for approval of the STEVCOM Agreement 2013 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the STEVCOM Agreement 2013 to 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stevens Communications Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 28 February 2013. On 5 March 2013 I received a signed undertaking in response to the queries from Terry Stevens, Director of the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2013. The nominal expiry date of the Agreement is 20 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stevens Communications Pty Ltd applied to the Court for approval of a proposed agreement between the company and its employees, referred to as the STEVCOM Agreement 2013 to 2016. The applicants sought to have the agreement approved under section 197 of the Fair Work Act 2009. The dispute was heard by the Federal Circuit Court.

The key legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the necessary provisions as per the legislation. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about certain terms and conditions, particularly those related to work arrangements and employee entitlements.

The court found that the agreement was made in good faith and contained all necessary provisions as required by the Fair Work Act. The court took into account the bargaining positions of the parties, the nature of the negotiations, and the content of the proposed agreement. The court was satisfied that the agreement was fair and reasonable, and approved it under section 197 of the Fair Work Act. The court also considered the impact of the agreement on the employees and found that it provided them with adequate protections and benefits.

The final orders of the court were that the STEVCOM Agreement 2013 to 2016 was approved under section 197 of the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would be in effect for the period from 1 July 2013 to 30 June 2016. The court's decision provided clarity and certainty for the parties involved in the dispute and ensured that the agreement would be implemented in accordance with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established