Stork Technical Services Australia Pty Ltd Summary

[2021] FWCA 6829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stork Technical Services Australia Pty Ltd
(AG2021/8108)

STORK TECHNICAL SERVICES AUSTRALIA PTY LTD WA OPERATIONS ENTERPRISE AGREEMENT 2021

Technical services
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 NOVEMBER 2021

Application for approval of the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2021

[1] Stork Technical Services Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 24 November 2021 and, in accordance with s 54, will operate from 1 December 2021. The nominal expiry date of the Agreement is 24 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Stork Technical Services Australia Pty Ltd for the approval of the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2021. The dispute centred on whether the proposed enterprise agreement, which included various terms and conditions of employment, met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the agreement to determine its compliance with the relevant provisions of the Act and other applicable industrial laws.

The legal issues before the Commission included whether the agreement provided for the protection of employees' rights and interests, whether it adhered to the formal requirements for enterprise agreements, and whether it complied with the ‘better off overall test’. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it met the procedural requirements, including the proper provision of relevant information to employees and the opportunity for them to be consulted. The Commission also examined whether the agreement included appropriate dispute resolution mechanisms.

After considering the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement met the statutory requirements for approval. The agreement was deemed to be made in good faith, and it provided for the protection of employees' rights and interests. The Commission confirmed that the agreement satisfied the better off overall test and adhered to all procedural requirements, including proper consultation with employees. Consequently, the Fair Work Commission approved the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2021.

The Commission's decision was based on the comprehensive evidence provided, which demonstrated that the agreement was fair and reasonable, and that it complied with all relevant legal standards. The final orders included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the relevant employees within the specified operations of the company.

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