Structural Challenge Pty Ltd Summary

[2017] FWCA 6582

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Structural Challenge Pty Ltd

(AG2017/4611)

Structural Challenge Pty Ltd Enterprise Agreement 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Structural Challenge Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Structural Challenge Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Structural Challenge Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 7 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Structural Challenge Pty Ltd applied to the Fair Work Commission for approval of the Structural Challenge Pty Ltd Enterprise Agreement 2017. The application was opposed by the Building and Construction Union of Australia. The dispute centered around whether the proposed agreement met the requirements of the Fair Work Act 2009 for approval, particularly whether the agreement complied with the "better off overall test" and the "no disadvantage test." The Building and Construction Union of Australia argued that the agreement did not meet these tests, as it would result in some employees being worse off and would disadvantage certain employees.

The Commission examined the evidence presented by both parties, including wage rates, working conditions, and the overall impact of the agreement on employees. The Commission considered whether the proposed agreement provided a fair and reasonable outcome for the employees and whether it was consistent with the principles of the Fair Work Act 2009. The Commission concluded that the agreement met the better off overall test and the no disadvantage test, as it provided for a reasonable balance between the interests of the employer and the employees.

The Commission approved the Structural Challenge Pty Ltd Enterprise Agreement 2017, finding that it provided for a fair and reasonable outcome for the employees and was consistent with the principles of the Fair Work Act 2009. The Commission ordered that the agreement be registered and become a legally binding enterprise agreement between the employer and the employees. The Building and Construction Union of Australia's objections were dismissed.

Structural Challenge Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established