DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stonehenge Beltana Pty ltd
(AG2016/5995)

STONEHENGE BELTANA ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Stonehenge Beltana Enterprise Agreement 2016.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 8 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stonehenge Beltana Pty Ltd applied for approval of the Stonehenge Beltana Enterprise Agreement 2016, with the Fair Work Commission. The applicant argued that the agreement was made under the provisions of the Fair Work Act 2009, as it contained terms and conditions of employment for their employees who were part of the relevant bargaining unit. The dispute centred on whether the agreement met the statutory requirements for approval and if it was made in good faith and without coercion.

The central legal issues before the Commission were whether the agreement was genuinely negotiated between the parties, whether it contained the necessary terms and conditions of employment, and whether it complied with the relevant sections of the Fair Work Act. The Commission had to determine if the agreement was made in accordance with the procedural requirements and if it met the substantive criteria for approval under the Act.

In its reasoning, the Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission noted that the applicant had provided evidence of the negotiation process and the agreement's terms and conditions. The Commission also found that the agreement contained the necessary terms and conditions of employment and complied with the relevant sections of the Fair Work Act. The Commission concluded that the agreement was made in good faith and without coercion.

The Commission approved the Stonehenge Beltana Enterprise Agreement 2016, and it became legally binding on the parties from the date of the decision. The applicant was authorised to give notice of the agreement to its employees, and the agreement was registered with the Fair Work Commission. The decision provides clarity on the approval process for enterprise agreements and the requirements for genuine negotiation and compliance with the Fair Work Act.

Stonehenge Beltana 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