DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stork Technical Services Australia Pty Ltd
(AG2017/3296)

STORK TECHNICAL SERVICES AUSTRALIA PTY LTD WA OPERATIONS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 11 SEPTEMBER 2017

Application for approval of the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stork Technical Services Australia Pty Ltd WA Operations 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 Stork Technical Services Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Stork Technical Services Australia Pty Ltd, sought approval of an enterprise agreement in the Federal Circuit and Family Court. The agreement pertained to the working conditions of its employees, as outlined in the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2017. The dispute arose from the Fair Work Commission's consideration of whether the agreement met the criteria for approval under the Fair Work Act 2009. The key legal issues before the court were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, and whether it was made in good faith and without coercion.

The court examined the process through which the agreement was negotiated, focusing on whether the parties had genuinely attempted to reach an agreement without coercion or duress. The court also considered whether the agreement adequately addressed the employees' rights and protections, ensuring it did not undermine the fundamental principles of the industrial relations system. The applicant provided evidence of a good faith negotiation process and argued that the agreement provided fair and reasonable terms for the employees.

In its decision, the court found that the negotiation process was conducted in good faith and without coercion. The court also determined that the agreement met the necessary requirements under the Fair Work Act, providing adequate protections and benefits for the employees. The court was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the parties involved. Consequently, the court approved the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2017.

Stork Technical Services Australia 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