DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sturdie Trade Services Pty Ltd
(AG2021/6696)

STURDIE TRADE SERVICES SINGLE ENTERPRISE AGREEMENT NSW/QLD 2021

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 AUGUST 2021

Application for approval of the Sturdie Trade Services Single Enterprise Agreement NSW/QLD 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sturdie Trade Services Single Enterprise Agreement NSW/QLD 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 September 2021. The nominal expiry date of the Agreement is 29 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sturdie Trade Services Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Sturdie Trade Services Single Enterprise Agreement NSW/QLD 2021. The applicant, represented by counsel, argued that the agreement was made in good faith and was fair and reasonable, complying with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act, specifically whether it was made in good faith and was fair and reasonable.

The primary legal issue before the Commission was whether the agreement satisfied the statutory requirements under the Fair Work Act 2009, particularly focusing on the good faith requirement and the fairness and reasonableness of the agreement. The Commission considered submissions from both parties, evidence presented, and relevant legal principles. The applicant argued that the agreement was the product of genuine negotiations and reflected a fair balance of interests between the parties. The Commission examined the process of the agreement's formation, the content of the agreement, and whether it adhered to the principles of good faith bargaining.

After considering the evidence and submissions, the Commission found that the agreement was made in good faith and was fair and reasonable. The Commission was satisfied that the agreement reflected a balanced consideration of the interests of both parties and adhered to the statutory requirements. The Commission approved the Sturdie Trade Services Single Enterprise Agreement NSW/QLD 2021, noting the importance of such agreements in fostering fair and productive workplace relations.

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