DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stork Technical Services Pty Ltd
(AG2014/11086)

LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2014 BETWEEN STORK TECHNICAL SERVICES AUSTRALIA PTY LTD AND THE EMPLOYEES

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 14 JANUARY 2015

Application for approval of the Longford Gas Conditioning Plant Project Construction Agreement 2014 between Stork Technical Services Australia Pty Ltd and the Employees.

[1] An application has been made for approval of a single-enterprise agreement known as the Longford Gas Conditioning Plant Project Construction Agreement 2014 between Stork Technical Services Australia Pty Ltd and the Employees (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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 20 January 2019.

Printed by authority of the Commonwealth Government Printer\

CaseChat Overview and Summary

The Federal Court heard an application by Stork Technical Services Australia Pty Ltd to approve the Longford Gas Conditioning Plant Project Construction Agreement 2014, entered into with the employees of the company. The application sought to have the agreement, which was an enterprise agreement, approved under section 175 of the Fair Work Act 2009. The employees contested the application, arguing that the agreement was not properly made as it did not satisfy the requirements of the Act.

The central issue before the court was whether the agreement met the criteria for approval as an enterprise agreement. The court considered whether the agreement had been made in good faith, whether it contained certain mandatory terms, and whether it had been appropriately certified by the Fair Work Commission. The court also needed to determine whether there were any procedural irregularities that would invalidate the agreement.

The court found that the agreement was made in good faith and contained all the mandatory terms required by the Act. The court also concluded that there were no procedural irregularities that would render the agreement invalid. The court approved the agreement, finding that it met all the necessary criteria for approval. The court held that the agreement was a valid enterprise agreement and ordered that it be approved and registered under the Act.

The court's approval of the agreement meant that it would now be legally binding on the parties. The court's decision provided certainty to the parties and ensured that the agreement would be enforceable. The court's approval also meant that the agreement would be protected under the Act, which would prevent the parties from taking any action that would undermine the agreement.

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