Strang International Pty Ltd

[2013] FWCA 6871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Strang International Pty Ltd
(AG2013/9216)

STRANG INTERNATIONAL PTY LTD PORTLAND (OPERATIONS AND MECHANICAL EMPLOYEES) AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 SEPTEMBER 2013

Application for approval of the Strang International Pty Ltd Portland (Operations and Mechanical Employees) Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Strang International Pty Ltd Portland (Operations and Mechanical Employees) Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Strang International Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate 18 September 2013. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Strang International Pty Ltd, sought approval for a proposed enterprise agreement with its employees under the Fair Work Act 2009. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on various grounds, including that the agreement did not meet the "better off overall test" required by the legislation. The matter was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues before the tribunal were primarily concerned with whether the proposed agreement was fair and reasonable, and whether it complied with the statutory requirements of the Fair Work Act. Specifically, the tribunal had to determine if the agreement was better off, at least no worse off, and at least as good as the relevant industrial instrument in place before the agreement. The tribunal also considered the impact of the agreement on employees' working conditions, wages, and other terms and conditions of employment.

In its decision, the tribunal examined the evidence presented by both parties and assessed the proposed agreement against the statutory requirements. The tribunal found that the agreement met the better off overall test, as it provided employees with improved terms and conditions of employment, including wage increases and other benefits. The tribunal also noted that the agreement provided for appropriate mechanisms for dispute resolution and included provisions for employee representation and consultation. Based on this assessment, the tribunal approved the Strang International Pty Ltd Portland (Operations and Mechanical Employees) Agreement 2013-2016.

The tribunal's decision was based on a thorough analysis of the evidence and the relevant legal principles. The tribunal found that the proposed agreement was fair and reasonable and complied with the statutory requirements of the Fair Work Act. The tribunal also noted that the agreement provided for improved working conditions and wages for employees, and that it was in the best interests of both the employer and employees. The tribunal's decision was therefore in line with the overall objectives of the Fair Work Act to promote harmonious, productive, and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established