Stevens Communications Pty Ltd T/A Stevcom

[2023] FWCA 1363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stevens Communications Pty Ltd T/A Stevcom

(AG2023/1192)

STEVCOM ENTERPRISE AGREEMENT 2023

Telecommunications services
COMMISSIONER MIRABELLA	MELBOURNE, 12 MAY 2023

Application for approval of the StevCom Enterprise Agreement 2023.

Stevens Communications Pty Ltd T/A Stevcom (the Employer) has made an application for approval of an enterprise agreement known as the StevCom Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that a provision of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 12 May 2023 and, in accordance with s.54, will operate from 19 May 2023. The nominal expiry date of the Agreement is 12 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Stevens Communications Pty Ltd, trading as Stevcom, which applied for approval of the StevCom Enterprise Agreement 2023. The application was made to the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval, including fairness, compliance with the Act, and whether the agreement had been fairly negotiated.

The primary legal issue before the Commission was whether the agreement contained all necessary terms, was free from prohibited content, and had been negotiated in good faith. Additionally, the Commission had to determine if the agreement was fair and whether it complied with the statutory requirements for employee representation and the bargaining process. The applicant argued that the agreement was fair and met all statutory criteria, while no objections were raised by any party.

In its decision, the Commission carefully reviewed the terms of the proposed agreement, noting that it contained all the mandatory terms as required by the Fair Work Act. The Commission found that the agreement was free from prohibited content and had been negotiated in good faith. It was satisfied that the agreement was fair and met the statutory requirements for employee representation and the bargaining process. Consequently, the Commission approved the StevCom Enterprise Agreement 2023, confirming its compliance with all relevant legal standards.

The final order was that the StevCom Enterprise Agreement 2023 was approved and would come into effect on the date specified in the agreement. This decision effectively formalises the terms of employment for the parties involved and provides a framework for their industrial relations moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established