DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stokes Technologies
(AG2016/6989)

STOKES TECHNOLOGIES ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2017

Application for approval of the Stokes Technologies Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Stokes Technologies Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stokes Technologies. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 8 January 2021.

COMMISSIONER

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Stokes Technologies, a company engaged in manufacturing and related activities, filed an application seeking the Fair Work Commission's approval of the Stokes Technologies Enterprise Agreement 2016 - 2020. The dispute centred around the agreement's provisions, particularly those relating to employee conditions, hours of work, and the classification of roles within the company. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement complied with relevant labour laws and provided a fair and reasonable framework for the employees.

The primary legal issues revolved around whether the provisions of the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided for minimum rates of pay and conditions, allowed for flexible working arrangements, and appropriately classified roles to ensure fair treatment of all employees. Furthermore, the Commission had to determine whether the agreement facilitated effective communication and dispute resolution mechanisms between the employer and the employees.

In reaching its decision, the Fair Work Commission meticulously examined the provisions of the agreement against the statutory benchmarks. The Commission found that the agreement, while generally comprehensive, required amendments to meet the requirements of the Fair Work Act. The agreement was approved with some modifications, ensuring compliance with the Act's provisions regarding minimum standards, flexible working arrangements, and appropriate role classification. The Commission also noted that the agreement contained effective mechanisms for communication and dispute resolution, which were in line with the principles of fairness and reasonableness.

The final orders included the approval of the agreement with certain conditions and modifications. The amendments were aimed at ensuring that all provisions aligned with the statutory requirements, providing a balanced and fair framework for the employees and the employer. The Commission's decision was based on the principle that the agreement should promote harmonious industrial relations and protect the rights and interests of both parties.

Stokes Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established