DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stornoway Maintenance Pty Ltd T/A Stornoway
(AG2019/497)

STORNOWAY ENTERPRISE AGREEMENT TASMANIA 2018-2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2019

Application for approval of the Stornoway Enterprise Agreement Tasmania 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Stornoway Enterprise Agreement Tasmania 2018-2021 (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 Employer 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Stornoway Maintenance Pty Ltd, trading as Stornoway, an application was made to the Fair Work Commission for the approval of the Stornoway Enterprise Agreement Tasmania 2018-2021. The application was brought by Stornoway, the employer, seeking the formal approval of the enterprise agreement that governs the employment conditions of its workers in Tasmania over the specified period. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act, particularly whether it satisfied the criteria for "better off overall or at least as well off" (BOOT) for the employees involved. The court had to consider if the agreement provided terms and conditions that were at least as favourable as those previously in place or better off overall, including factors such as wages, hours of work, and other conditions of employment. Additionally, the court assessed whether the agreement was genuinely negotiated and whether it included mandatory provisions as required by the Act.

The Fair Work Commission, in its decision, examined the terms of the agreement and the evidence provided by both parties. It found that the agreement contained provisions that were at least as favourable as the previous terms and conditions for the employees. The Commission concluded that the agreement did indeed satisfy the BOOT test and was genuinely negotiated. Furthermore, the agreement included all the mandatory provisions stipulated by the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding that it met all the necessary criteria for approval under the Act.

In approving the enterprise agreement, the Commission issued orders confirming the agreement as binding between the parties. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the specified period. The decision underscored the importance of ensuring that enterprise agreements comply with legislative requirements to protect the rights and interests of both employers and employees.

Stornoway Maintenance Pty Ltd T/A Stornoway

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established