Stornoway Maintenance Pty Ltd

[2016] FWCA 2347

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stornoway Maintenance Pty Ltd T/A Stornoway

(AG2016/654)

STORNOWAY MAINTENANCE ENTERPRISE AGREEMENT

TASMANIA 2015 - 2018

Tasmania

COMMISSIONER LEE

SYDNEY, 13 APRIL 2016

Application for approval of the Stornoway Maintenance Enterprise Agreement Tasmania

2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

Stornoway Maintenance Enterprise Agreement Tasmania 2015 - 2018 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Stornoway Maintenance Pty Ltd T/A Stornoway. 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.

[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 Australian Workers’ Union 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.
[2016] FWCA 2347

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

20 April 2016. The nominal expiry date of the Agreement is 12 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2347

Annexure A

CaseChat Overview and Summary

Stornoway Maintenance Pty Ltd applied for approval of the Stornoway Maintenance Enterprise Agreement Tasmania 2015-2018, as required under section 185 of the Fair Work Act 2009. The applicant provided written undertakings, which were reviewed by the Fair Work Commission. The Commission considered that these undertakings would not result in financial detriment to any employees covered by the agreement nor cause substantial changes to the agreement. The applicant also ensured that the requirements of sections 186, 187, 188, and 190 of the Act were met. The Australian Workers’ Union, a bargaining representative for the agreement, expressed its desire for the agreement to cover its members. Consequently, the agreement was approved and will operate from 20 April 2016, with a nominal expiry date of 12 April 2019.

The legal issues before the Commission were whether the application met the criteria set out in the Fair Work Act for the approval of an enterprise agreement. This included determining whether the agreement complied with the requirements of sections 186, 187, 188, and 190 of the Act, as well as ensuring that the agreement would not result in financial detriment to employees or substantial changes to the agreement. The Commission also had to consider the model consultation term prescribed by the Fair Work Regulations 2009, which was incorporated into the agreement as a term.

The Commission found that the application for approval of the enterprise agreement met all the necessary criteria. The applicant provided satisfactory undertakings and ensured that the agreement adhered to the relevant sections of the Act. The Commission was also satisfied that the agreement would not cause financial detriment to any employees and would not result in substantial changes. The model consultation term prescribed by the Fair Work Regulations was incorporated into the agreement. Additionally, the Australian Workers’ Union, as a bargaining representative, indicated its desire for the agreement to cover its members, and the Commission confirmed that the agreement covered the organisation.

The Fair Work Commission approved the Stornoway Maintenance Enterprise Agreement Tasmania 2015-2018, which will operate from 20 April 2016. The nominal expiry date of the agreement is 12 April 2019. The Commission found that the agreement met the requirements of the Fair Work Act and would not cause financial detriment to any employees or result in substantial changes. The model consultation term prescribed by the Fair Work Regulations was incorporated into the agreement, and the Australian Workers’ Union expressed its desire for the agreement to cover its members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established