Stork Technical Services Australia Pty Ltd Summary

[2013] FWCA 8007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stork Technical Services Australia Pty Ltd
(AG2013/7644)

STORK TECHNICAL SERVICES AUSTRALIA PTY LTD WA OPERATIONS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 OCTOBER 2013

Application for approval of the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[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 “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) of the Act I note that the Agreement covers the organisation.

[4] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[5] I had some concerns regarding Clause 14.1.2 and Appendix A in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the Agreement has indicated their support for the undertaking.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stork Technical Services Australia Pty Ltd applied to the Fair Work Commission for the approval of the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2013. The applicant and the respondent, the Electrical Trades Union of Australia, were engaged in negotiations for the creation of an enterprise agreement. The Commission needed to determine if the agreement met the criteria for registration under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the requirements for registration. This included assessing whether the agreement contained the prescribed minimum terms and conditions, if it was free from prohibited content, and if the bargaining process adhered to procedural fairness. The Commission also needed to consider if the agreement was made in good faith and whether it was appropriately certified.

The Fair Work Commission found that the agreement contained all the prescribed minimum terms and conditions and was free from prohibited content. The Commission concluded that the bargaining process was procedurally fair and that the agreement was made in good faith. The Commission also accepted that the agreement had been appropriately certified by the certified bargaining agent. Therefore, the Commission approved the agreement for registration. The agreement will now have the force of an enterprise agreement under the Fair Work Act 2009.

Stork Technical Services Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established