DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Storebuild Group Pty Ltd
(AG2017/5469)

STOREBUILD GROUP PTY LTD (ONSITE AND OFFSITE) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2018

Application for approval of the Storebuild Group Pty Ltd (Onsite and Offsite) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Storebuild Group Pty Ltd (onsite and Offiste) 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 Storebuild Group 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 28 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Storebuild Group Pty Ltd, the Fair Work Commission (FWC) considered an application for the approval of an enterprise agreement. The parties involved in this case were Storebuild Group Pty Ltd, the employer, and the Storebuilders Union, the employee representative. The dispute centred on whether the proposed enterprise agreement, the Storebuild Group Pty Ltd (Onsite and Offsite) Enterprise Agreement 2017, met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement contained the necessary good faith bargaining provisions and whether it provided for the resolution of disputes in a timely manner.

The primary legal issue before the FWC was whether the agreement contained all the mandatory provisions required by the Fair Work Act 2009. Additionally, the Commission needed to ascertain whether the agreement was the product of genuine good faith bargaining, as mandated by the Act. The FWC had to ensure that the agreement provided for adequate dispute resolution mechanisms and that it did not unfairly disadvantage any party. These legal issues were crucial in determining whether the agreement could be approved and registered.

The FWC examined the proposed agreement in detail, considering the provisions related to good faith bargaining, dispute resolution, and the overall fairness of the agreement. The Commission concluded that while the agreement contained the necessary mandatory provisions, it did not adequately address the requirement for genuine good faith bargaining. The FWC found that there were deficiencies in the process through which the agreement was negotiated, which undermined the genuineness of the bargaining process. Consequently, the Commission refused to approve the agreement. The FWC's decision highlighted the importance of ensuring that enterprise agreements are not only compliant with statutory requirements but also reflect a genuine process of negotiation between the parties.

No further orders were made beyond the refusal to approve the enterprise agreement. The decision underscores the need for employers and employee representatives to meticulously ensure that their bargaining processes adhere to the requirements set out in the Fair Work Act 2009 to avoid similar outcomes in future negotiations.

Storebuild 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