DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stonepath Pty Ltd ATF Stonepath Trust T/A Gulf Coast
(AG2015/4381)

STONEPATH ENTERPRISE AGREEMENT 2015

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 26 AUGUST 2015

Application for approval of the Stonepath Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stonepath Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 1 January 2016. The nominal expiry date of the Agreement is 26 August 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stonepath Pty Ltd, trading as Gulf Coast, applied for the approval of the Stonepath Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009. The dispute arose from the application to approve an enterprise agreement that had been negotiated between the employer and its employees.

The central legal issue before the Commission was whether the agreement provided for the fair and reasonable remuneration of employees, and if it complied with the procedural and substantive fairness requirements under the Act. Specifically, the Commission needed to assess whether the agreement provided for the employees' pay and conditions in a manner that was just and equitable, and if it adhered to the procedural requirements for the negotiation and making of the agreement.

The Commission examined the submissions from both parties and considered the evidence provided. It found that the agreement did not adequately address the issue of remuneration for employees, particularly in relation to the calculation of overtime and penalty rates. The Commission also noted procedural deficiencies in the negotiation process, which did not meet the standards set out in the Act. Consequently, the Commission determined that the agreement did not comply with the requirements for approval and dismissed the application.

No further orders were made by the Commission as the application for approval was dismissed outright. This decision underscores the importance of ensuring that enterprise agreements not only provide for fair and reasonable remuneration but also comply with the procedural requirements for their negotiation and making.

Stonepath Pty Ltd ATF Stonepath Trust T/A Gulf Coast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established