Stornoway Maintenance Pty Ltd T/A Stornoway Summary

[2022] FWCA 652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stornoway Maintenance Pty Ltd T/A Stornoway

(AG2021/9299)

Stornoway Maintenance Enterprise Agreement Tasmania 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the Stornoway Maintenance Enterprise Agreement Tasmania 2021-2024.

An application has been made for approval of an enterprise agreement known as the Stornoway Maintenance Enterprise Agreement Tasmania 2021-2024 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stornoway Maintenance Pty Ltd, trading as Stornoway, sought approval for the Stornoway Maintenance Enterprise Agreement Tasmania 2021-2024. The application was brought before the Fair Work Commission, a tribunal responsible for the resolution of workplace disputes and the creation of enterprise agreements in Australia. The application was brought by the company, while the Australian Council of Trade Unions (ACTU) represented the employees in the dispute.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. This involved assessing the agreement’s compliance with the 'better off overall test' (BOOT), which mandates that the terms and conditions of an enterprise agreement should be at least as favourable to employees as the applicable award or general employment conditions. The Commission also had to determine whether the agreement was made in good faith and without coercion, and whether the proper procedures for its negotiation and making had been followed.

In determining the matter, the Commission considered submissions from both Stornoway and the ACTU. The Commission noted that the agreement provided for a range of terms and conditions that were at least as good as, and in some cases better than, those contained in the applicable award. The Commission found that the agreement met the BOOT and was made in good faith. It also found that the negotiation process complied with the statutory requirements. As a result, the Commission approved the Stornoway Maintenance Enterprise Agreement Tasmania 2021-2024.

The Fair Work Commission approved the Stornoway Maintenance Enterprise Agreement Tasmania 2021-2024, effective from 1 April 2021 for a period of four years. This decision provides a binding framework for the employment conditions of the parties for the duration of the agreement.

Stornoway Maintenance Pty Ltd T/A Stornoway

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established