DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stokes (Australasia) Ltd
(AG2015/1329)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 JUNE 2015

Application for approval of the AMWU & Stokes Limited Agreement 2015-2018.

[1] This decision concerns an application made for approval of an enterprise agreement known as the AMWU & Stokes Limited Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Stokes (Australasia) Ltd.

[2] Attached to the application for approval of the Agreement was the Notice of Employee Representational Rights (the Notice). The Notice was provided to the employees to be covered by the proposed Agreement, as required by s.173 of the Act. Section 174 of the Act prescribes the required content and form of the Notice:

"174 Content and form of notice of employee representational rights

Application of this section

(1) This section applies if an employer that will be covered by a proposed enterprise agreement is required to give a notice under subsection 173(1) to an employee.

Notice requirements

(1A) The notice must:

(a) contain the content prescribed by the regulations; and

(b) not contain any other content; and

[3] The Notice is inconsistent with s.174(1A)(a) of the Act in that it is not in the form prescribed by the Fair Work Regulations 2009 as it did not contain the telephone number of the Fair Work Commission Infoline.

[4] As the requirements of s.174(1A)(a) have not been complied with, I cannot be satisfied that employees have genuinely agreed to the enterprise agreement.

[5] The application for approval of the Agreement is therefore dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Manufacturing Workers' Union (AMWU) and Stokes (Australasia) Ltd, sought the Fair Work Commission's (FWC) approval for the AMWU & Stokes Limited Agreement 2015-2018. The dispute centred around the conditions of employment for workers within Stokes' operations. The applicants argued that the agreement was fair and reasonable, while the objectors contended it was not.

The legal issues primarily revolved around whether the agreement was in compliance with the Fair Work Act 2009, specifically sections 233 and 234. The key concerns were whether the agreement adequately provided for the terms and conditions of employment, including wages, hours, and other entitlements, and if it was consistent with the overarching objectives of the Act. The Commission needed to determine whether the agreement was fair and reasonable, given the economic and social context of the workplace.

In delivering its decision, the Commission examined the content of the agreement, the bargaining process, and the submissions from both sides. The Commission found that the agreement was fair and reasonable in its entirety. It concluded that the agreement provided for the terms and conditions of employment in a manner that was consistent with the objectives of the Fair Work Act. The objectors' concerns about certain provisions were addressed by the Commission, which found that the overall agreement met the required standards.

The Fair Work Commission approved the AMWU & Stokes Limited Agreement 2015-2018, dismissing the objections raised by the objectors. The agreement was deemed to be fair and reasonable, and thus, it was approved for the period 2015-2018.

Stokes (Australasia) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established