DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Strang Systems Pty Ltd
(AG2016/7356)

STRANG SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2017

Application for approval of the Strang Systems Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Strang Systems Pty Ltd Enterprise Agreement 2016 (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] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Strang Systems Pty Ltd Enterprise Agreement 2016. The dispute centred on whether the enterprise agreement, which was intended to regulate the terms and conditions of employment for the company's employees, met the statutory requirements under the Fair Work Act 2009. Strang Systems Pty Ltd was the applicant, seeking the Commission's endorsement of the agreement, while the respondents were the employees' representatives who raised concerns regarding certain provisions of the agreement.

The central legal issues the Commission had to resolve were whether the agreement complied with the procedural requirements under the Fair Work Act, and if the substantive terms and conditions set out in the agreement were fair and reasonable. This included assessing whether the agreement was made in good faith and without coercion, and whether it contained minimum terms as mandated by the Act. The respondents contended that certain clauses did not meet these standards and thus should not be approved.

The Fair Work Commission examined the agreement's compliance with the statutory framework, including the procedural aspects of its negotiation and execution. It considered whether the agreement was made without coercion and in good faith, and if it included the mandated minimum terms. The Commission also assessed whether the terms of the agreement were fair and reasonable, taking into account the economic and employment circumstances relevant to the enterprise. After reviewing the evidence and submissions, the Commission concluded that the agreement was compliant with the statutory requirements and met the criteria for approval. The Commission found that the negotiation process was fair, the terms were reasonable, and the agreement contained all necessary minimum terms.

The Fair Work Commission approved the Strang Systems Pty Ltd Enterprise Agreement 2016, determining that it complied with the Fair Work Act. The Commission found that the agreement was made without coercion, in good faith, and included all the required minimum terms. It also found that the terms and conditions were fair and reasonable. As a result, the agreement was approved and will govern the employment conditions of Strang Systems Pty Ltd employees as per the terms outlined in the agreement.

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