Strang Systems Pty Ltd

[2013] FWCA 3085

FAIR WORK COMMISSION

DECISION

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

Strang Systems Pty Ltd
(AG2013/6309)

STRANG SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 15 MAY 2013

Application for approval of the Strang Systems Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Strang Systems Pty Ltd Enterprise Agreement 2013 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Strang Systems Pty Ltd was before the Fair Work Commission in an application for the approval of the Strang Systems Pty Ltd Enterprise Agreement 2013. The applicant, Strang Systems Pty Ltd, sought approval of the agreement which was entered into under section 175 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for approval under the Act, including whether it contained all the mandatory terms and conditions as stipulated by the legislation.

The central legal issues before the Commission were whether the enterprise agreement contained all the mandated terms and conditions as required by section 235 of the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion as required by section 231. Additionally, the Commission had to consider whether the agreement met the coverage test as set out in section 172 of the Act, ensuring it covered employees within the relevant bargaining unit.

In delivering its decision, the Fair Work Commission found that the enterprise agreement satisfied all the necessary statutory requirements. It contained all the mandated terms and conditions, was made in good faith, and met the coverage test. The Commission was satisfied that the process leading to the agreement was fair and did not involve any undue influence or coercion. Consequently, the Commission approved the Strang Systems Pty Ltd Enterprise Agreement 2013.

The Fair Work Commission ordered the approval of the Strang Systems Pty Ltd Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established