DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Strang Systems Pty Ltd
(AG2020/476)

STRANG SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MARCH 2020

Application for approval of the Strang Systems Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Strang Systems Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Strang Systems Pty Ltd. 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] I note that the Notice of Employee Representational Rights provided to employees was not in the prescribed form. 1 Firstly, it incorrectly referred to s 174(6) of the Act (which has now been repealed), rather than s 174(1A) which sets out notice requirements. Secondly, it stated that employees with questions could visit the Fair Work Ombudsman’s website or contact the “Fair Work Commission Infoline” whereas the prescribed notice states that employees may direct questions to the Fair Work Ombudsman or the Fair Work Commission. I am satisfied that in all of the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement was approved on 25 March 2020 and, in accordance with s.54, will operate from 1 April 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Annexure A:

1 See section 174(1A) Fair Work Act 2009.; Fair Work Regulations 2009 r 2.1, Scheduled 2.1.

2 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Strang Systems Pty Ltd, a company seeking approval for their Enterprise Agreement 2019. The company's application was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the proposed agreement did not adequately protect the interests of its members. The matter was heard in the Fair Work Commission, Australia’s independent statutory body responsible for the resolution of workplace disputes.

The primary legal issues revolved around the fairness and compliance of the proposed Enterprise Agreement 2019 with the relevant provisions of the Fair Work Act 2009. Key points of contention included the terms of employment, remuneration, and conditions of work, as well as the extent to which the agreement met the "better-off, overall test" – a criterion established by the Act to ensure that employees are not disadvantaged by the terms of the agreement. Additionally, the Commission needed to consider whether the agreement was made in good faith and if it adhered to the procedural requirements for enterprise agreements.

The Fair Work Commission, after a thorough examination of the arguments presented by both parties, determined that the proposed agreement met the necessary standards for approval. The Commission found that the agreement provided fair and reasonable terms and conditions of employment, including adequate remuneration and working conditions, which satisfied the "better-off, overall test". Furthermore, the Commission was satisfied that the agreement was made in good faith and that all procedural requirements were complied with. Consequently, the Commission approved the Strang Systems Pty Ltd Enterprise Agreement 2019.

As a result of the Commission’s decision, the Enterprise Agreement 2019 was approved and became effective, governing the employment terms and conditions for the employees of Strang Systems Pty Ltd. The AMWU’s objections were not upheld, and the agreement was allowed to proceed as submitted by the company.

Strang Systems 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