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

[2013] FWCA 4426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stork Technical Services Holding Australia Pty Ltd T/A Stork Technical Services
(AG2013/1745)

STORK TECHNICAL SERVICES QLD CURTIS ISLAND LNG PROJECTS ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 JULY 2013

Application for approval of the Stork Technical Services Qld Curtis Island LNG Projects Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 June 2013 by Stork Technical Services Holding Australia Pty Ltd T/A Stork Technical Service for the approval of a single-enterprise agreement known as the Stork Technical Services Qld Curtis Island LNG Projects Enterprise Agreement 2012 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] 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.

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

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Stork Technical Services Holding Australia Pty Ltd T/A Stork Technical Services, the Fair Work Commission was called upon to decide whether to approve an enterprise agreement. This agreement was submitted by the company and its employees, specifically those involved in the Queensland Curtis Island LNG Projects. The dispute centred around the terms and conditions outlined in the proposed agreement and whether they complied with the relevant industrial legislation.

The primary legal issue before the commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This required an examination of various provisions within the agreement to ensure they adhered to the requirements for simplicity, clarity, and genuine bargain. The commission also had to consider if the agreement provided appropriate protections for employees and if it was free from any elements that could be considered detrimental to the workforce.

In delivering its decision, the commission carefully reviewed each clause of the proposed agreement. It concluded that, while there were some areas of concern, the overall agreement was fair and reasonable. The commission found that the agreement provided adequate protections for employees and was in line with the legislative requirements. As a result, the commission approved the Stork Technical Services Qld Curtis Island LNG Projects Enterprise Agreement 2012, subject to certain conditions and modifications that addressed the identified issues.

The final orders of the commission included the approval of the enterprise agreement, with specified modifications to ensure compliance with the Fair Work Act 2009. These modifications related to aspects such as pay rates, working conditions, and dispute resolution mechanisms. The decision underscored the importance of achieving a balance between the interests of both the employer and employees in the context of enterprise agreements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established