STI Lilyfield Pty Ltd

[2013] FWCA 5151

FAIR WORK COMMISSION

DECISION

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

STI Lilyfield Pty Ltd
(AG2013/7499)

STI LILYFIELD COLLECTIVE AGREEMENT2013

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 30 JULY 2013

Application for approval of the STI Lilyfield Collective Agreement 2013.

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

[2] The application was lodged at Sydney on 10 July 2013. The application included a Statutory Declaration of Graham Trickey made on behalf of the Employer and dated 28 June 2013 (the Declaration). The Declaration stated that the Agreement was made on 28 June 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 30 July 2013. I note that the file has included a Statutory Declaration of Tim Ayres made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 18 and a consultation term at clause 19.

[6] 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.

[7] The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 6 August 2013. The nominal expiry date of the Agreement as specified by clause 2 of the Agreement is 6 August 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the case of STI Lilyfield Pty Ltd, the applicant, the Fair Work Commission was tasked with determining the approval of the STI Lilyfield Collective Agreement 2013. The dispute arose between the applicant and the employees of STI Lilyfield Pty Ltd, represented by the Retail and Fast Food Workers Union (NSW) Inc, the respondent. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the agreement in question met the statutory requirements under the Fair Work Act 2009, specifically whether it contained the necessary provisions to ensure it would be fair and applicable to the employees involved. The court needed to assess if the agreement was made in good faith, provided for minimum terms, and was otherwise compliant with the legislative framework.

The Fair Work Commission examined the agreement and found that it contained the requisite minimum terms and conditions as stipulated by the Fair Work Act. The court was satisfied that the agreement had been made in good faith and was fair and applicable to the employees. It was concluded that the agreement met the statutory requirements for approval. The court approved the collective agreement, finding it to be compliant with the relevant legislation.

The final orders of the court included the approval of the STI Lilyfield Collective Agreement 2013, which was to be registered and enforceable as a registered agreement under the Fair Work Act. This decision ensured that the agreement would provide a fair and lawful framework for the terms and conditions of employment for the employees of STI Lilyfield Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established