DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stooke Consulting Group Pty Ltd
(AG2017/3626)

STANLEY SECURITY SOLUTIONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Stanley Security Solutions Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stanley Security Solutions Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stooke Consulting Group Pty Ltd. 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 23 November 2017. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Stooke Consulting Group Pty Ltd for approval of the Stanley Security Solutions Australia Pty Ltd Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The dispute arose from the terms of the proposed enterprise agreement, which the applicant argued should be approved as it met the requirements under the Fair Work Act 2009. The respondent, however, contested the approval, asserting that the agreement did not fairly and appropriately address certain employee protections and benefits.

The legal issues before the Commission included whether the agreement provided for adequate terms and conditions of employment, whether it included provisions for employee safety and welfare, and whether it was consistent with the Fair Work Act. The Commission had to determine if the agreement met the statutory criteria for approval, which includes considerations of fairness, appropriateness, and compliance with the Act. Specifically, the Commission examined whether the agreement provided for reasonable working hours, appropriate remuneration, and adequate safeguards for employee health and safety.

In its decision, the Fair Work Commission found that the agreement largely complied with the statutory requirements. The Commission acknowledged the applicant’s argument that the agreement was negotiated in good faith and provided for reasonable terms of employment. While the Commission recognised some concerns raised by the respondent regarding specific provisions, it concluded that these did not outweigh the overall fairness and appropriateness of the agreement. The Commission was satisfied that the agreement provided adequate protections for employee safety and welfare and met the necessary standards under the Fair Work Act.

The Commission approved the Stanley Security Solutions Australia Pty Ltd Enterprise Agreement 2017, subject to certain conditions. These conditions included the requirement for ongoing consultation between the employer and employees, and specific reporting obligations to ensure compliance with the agreement. The decision was made in the interest of maintaining a fair and balanced workplace agreement that meets the statutory requirements for approval.

Stooke Consulting Group 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