DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sturdie Trade Services Pty Ltd
(AG2021/6700)

STURDIE TRADE SERVICES SINGLE ENTERPRISE AGREEMENT VIC 2021

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 25 AUGUST 2021

Application for approval of the Sturdie Trade Services Single Enterprise Agreement VIC 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sturdie Trade Services Single Enterprise Agreement VIC 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sturdie Trade Services 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained typographical errors. On 23 August 2021, the Applicant filed an amended page of the Agreement correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and in accordance with s.54, will operate from 1 September 2021. The nominal expiry date of the Agreement is 24 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sturdie Trade Services Pty Ltd sought approval of a Single Enterprise Agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The nature of the dispute centred on whether the proposed agreement, which detailed various employment terms and conditions, met the legal requirements for approval as a Single Enterprise Agreement. The Commission was tasked with determining whether the agreement was fair and reasonable in all its aspects.

The legal issues at hand required the Commission to assess the proposed agreement against the statutory criteria set out in the Fair Work Act. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, including wages and other remuneration, and whether it allowed for genuine flexibility and productivity improvements. The Commission had to ensure that the agreement did not unfairly disadvantage any party and that it adhered to the principles of good faith bargaining.

In delivering its decision, the Commission carefully examined the evidence and submissions provided by the parties. The analysis involved a detailed review of the proposed terms, taking into account the economic context, the bargaining positions of the parties, and the nature of the enterprise. The Commission concluded that the proposed agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission found that the agreement met the necessary criteria and was thus approved.

The Fair Work Commission approved the Sturdie Trade Services Single Enterprise Agreement VIC 2021, subject to the terms and conditions as outlined in the agreement. The approval was based on the determination that the agreement was fair and reasonable in all its aspects, as required by the Fair Work Act.

Sturdie Trade Services 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