Stork Technical Services Australia Pty Ltd T/A Stork Technical Services

[2013] FWCA 2092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stork Technical Services Australia Pty Ltd T/A Stork Technical Services
(AG2013/711)

STORK TECHNICAL SERVICES BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 APRIL 2013

Application for approval of the Stork Technical Services BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Stork Technical Services BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Stork Technical Services Australia Pty Ltd, trading as Stork Technical Services, the applicant sought approval from the Fair Work Commission for a new enterprise agreement, specifically the Stork Technical Services BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement. The Australian Manufacturing Workers' Union was the party seeking the agreement on behalf of the employees, while the respondent, BHP Billiton Iron Ore, opposed the application. The crux of the dispute centred around various clauses in the proposed agreement, particularly those concerning the classification of employees, the imposition of working conditions, and the dispute resolution mechanisms.

The primary legal issues that the Fair Work Commission had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was in the best interest of the employees. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees, as mandated by the Act. Additionally, the Commission considered whether the agreement complied with the procedural requirements and if it was free from any invalid or unenforceable terms.

In its decision, the Commission examined the proposed agreement clause by clause, assessing their impact on the employees and the broader industrial relations landscape. The Commission found that while some clauses did not align with the requirements of the Fair Work Act, others did meet the necessary standards and were beneficial to the employees. The Commission approved the agreement, noting that it was in the best interest of the employees, as it provided for improved conditions, fair classification, and effective dispute resolution mechanisms. The Commission also noted that the procedural requirements had been met, and no invalid or unenforceable terms were present in the agreement.

The Fair Work Commission granted approval for the Stork Technical Services BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement, effective from the date of the decision. The Commission's decision highlights the importance of ensuring that enterprise agreements comply with the Fair Work Act and are in the best interest of the employees, while also considering the broader industrial relations landscape.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established