DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stilcon Holdings Pty Ltd
(AG2020/4223)

STILCON HOLDINGS PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the Stilcon Holdings Pty Ltd Workshop Enterprise Agreement 2020.

[1] Stilcon Holdings Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Stilcon Holdings Pty Ltd Workshop Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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] “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 February 2021 and, in accordance with s 54, will operate from 23 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Stilcon Holdings Pty Ltd for approval of the Stilcon Holdings Pty Ltd Workshop Enterprise Agreement 2020. The dispute arose as the company sought to formalise the terms of employment for its workers under this new agreement, necessitating scrutiny to ensure compliance with the Fair Work Act 2009. The Commission was tasked with examining whether the agreement met the criteria for approval, including its alignment with the objectives of the Act and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues the Commission needed to address included whether the agreement complied with the procedural requirements set out in the Fair Work Act, whether it contained the necessary minimum terms and conditions, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission considered whether the agreement had been made in good faith and whether it appropriately balanced the interests of both employers and employees.

In deliberating on these issues, the Commission evaluated the agreement's compliance with the statutory minimum terms and conditions, the procedural fairness in its formation, and the overall fairness of the terms provided. The Commission concluded that the agreement met all the legislative requirements and was made in good faith. The terms were deemed fair and reasonable, balancing the interests of both parties, and thus, the Commission approved the agreement. This decision was grounded in the comprehensive evidence presented and the alignment of the agreement with the objectives of the Fair Work Act.

The final orders of the Commission were to approve the Stilcon Holdings Pty Ltd Workshop Enterprise Agreement 2020, recognising it as a valid and legally binding enterprise agreement under the Fair Work Act 2009. This approval ensures that the terms and conditions set forth in the agreement are enforceable and that the parties are bound by its provisions.

Stilcon Holdings 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