Stonehenge Beltana Pty Ltd

[2022] FWCA 3653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stonehenge Beltana Pty Ltd

(AG2022/4254)

Stonehenge Beltana Enterprise Agreement 2022

Australian Capital Territory
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 OCTOBER 2022

Application for approval of the Stonehenge Beltana Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Stonehenge Beltana Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Stonehenge Beltana Pty Ltd (Employer). The Agreement is a single enterprise agreement.

There was an issue raised by the Commission with the Employer as to apparent typographical cross-referencing errors at clauses 2.3, 2.7, 3.1, 4.1, 6.2 and 15.1. The Employer thereafter filed a corrected version of the Agreement resolving each of these cross-referencing errors. I am satisfied that these corrections should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make these corrections and publish the Agreement in its corrected form.

Undertakings

The Employer has provided written undertakings dated 18 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the General Retail Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2022. The nominal expiry date of the Agreement is 19 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stonehenge Beltana Pty Ltd is a company that has applied to the Fair Work Commission for approval of the Stonehenge Beltana Enterprise Agreement 2022. The dispute involves the application for the approval of an enterprise agreement which aims to regulate the terms and conditions of employment for the company's employees. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the court involved whether the enterprise agreement met the requirements set out in the Fair Work Act, particularly in terms of its coverage of employees, the process by which it was made, and whether it provided for appropriate minimum terms and conditions. The court was required to assess if the agreement was genuinely negotiated and if it contained provisions that were fair and reasonable in all aspects.

The Fair Work Commission found that the enterprise agreement met all the statutory requirements. The agreement was negotiated in good faith between the employer and the relevant employee representatives. It was found to cover all employees of the company and to provide for appropriate minimum terms and conditions, including provisions on pay rates, leave entitlements, and dispute resolution mechanisms. The Commission determined that the agreement was fair and reasonable, thus meeting the criteria for approval under the Fair Work Act.

In light of the findings, the Fair Work Commission approved the Stonehenge Beltana Enterprise Agreement 2022. The approval was granted on the basis that the agreement was made in accordance with the legislative requirements and was fair and reasonable for all parties involved. This decision sets the terms and conditions of employment for the employees of Stonehenge Beltana Pty Ltd as outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established