DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stork Technical Services Pty Ltd
(AG2015/5821)

STORK TECHNICAL SERVICES QLD OPERATIONS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the Stork Technical Services QLD Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stork Technical Services QLD Operations Enterprise Agreement 2015 (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 Pty Ltd. 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] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 2 November 2015 and, in accordance with s.54, will operate from 9 November 2015. The nominal expiry date of the Agreement is 2 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Court was brought by Stork Technical Services Pty Ltd, seeking approval for the Stork Technical Services QLD Operations Enterprise Agreement 2015. The dispute centred on whether the agreement, which had been negotiated between the employer and the employees' representatives, met the legal criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has the jurisdiction to assess and approve enterprise agreements under the Act.

The legal issues that the Commission needed to resolve included whether the agreement complied with the procedural requirements stipulated by the Act, including the necessity of genuine bargaining, and whether it met the substantive criteria such as the provision of appropriate minimum entitlements to the employees. Central to the decision was the verification that the agreement had been made in good faith, with genuine efforts to reach an agreement, and that it did not adversely affect employees' minimum entitlements.

The Commission determined that Stork Technical Services Pty Ltd had fulfilled the procedural requirements for negotiating the agreement, finding evidence of genuine bargaining efforts. The Commission also assessed the substantive provisions of the agreement and concluded that it did not result in employees receiving less favourable terms and conditions than those provided by the applicable awards or safety nets. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the statutory framework.

The Fair Work Commission approved the Stork Technical Services QLD Operations Enterprise Agreement 2015, confirming its compliance with the procedural and substantive requirements of the Fair Work Act 2009. This decision was based on the evidence presented that the agreement was the product of genuine bargaining efforts and did not disadvantage the employees in terms of their minimum entitlements.

Stork Technical Services 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