Stronghold Hire Pty Ltd

[2016] FWCA 1943

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stronghold Hire Pty Ltd

(AG2016/322)

STRONGHOLD HIRE PTY LTD ENTERPRISE AGREEMENT 2016 -

2020

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 31 MARCH 2016

Application for approval of the Stronghold Hire Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the

Stronghold Hire Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by

Stronghold Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 April 2016. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

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[2016] FWCA 1943

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission has approved the Stronghold Hire Pty Ltd Enterprise Agreement 2016 - 2020, following an application by Stronghold Hire Pty Ltd. The agreement pertains to the building, metal, and civil construction industries and was submitted under section 185 of the Fair Work Act 2009. The application for approval was made by the company itself, seeking formal recognition and enforcement of the negotiated terms between the employer and the employees.

The legal issues addressed by the Commission involved ensuring that the agreement met all relevant requirements under sections 186, 187, 188, and 190 of the Fair Work Act. These sections outline the criteria for a valid enterprise agreement, including the process of bargaining, the content of the agreement, and the protections for employees. The Commission was required to confirm that the agreement did not cause financial detriment to employees and did not result in substantial changes that were not properly negotiated.

In its decision, the Commission found that the agreement complied with the statutory requirements. The company had provided written undertakings that were satisfactory in terms of protecting employees' financial interests and preventing substantial changes to the agreement. The Commission was also satisfied that the necessary procedural elements of bargaining and agreement content were adhered to. Consequently, the agreement was approved and will be in effect from 7 April 2016, with a nominal expiry date of 30 March 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established