Van Starr Technologies Pty Ltd

[2013] FWCA 7674

FAIR WORK COMMISSION

DECISION

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

Van Starr Technologies Pty Ltd
(AG2013/9602)

VAN STARR TECHNOLOGIES PTY LTD REGIONAL WORKS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 OCTOBER 2013

Application for approval of the Van Starr Technologies Pty Ltd Regional Works Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 26 September 2013 by Van Starr Technologies Pty Ltd for the approval of a single-enterprise agreement known as the Van Starr Technologies Pty Ltd Regional Works Enterprise Agreement 2013 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Van Starr Technologies Pty Ltd was the subject of an application for the approval of the Van Starr Technologies Pty Ltd Regional Works Enterprise Agreement 2013. The application was brought by the company itself, and the dispute centred around whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the application sought to have the agreement registered by the Fair Work Commission, which would give it legal force and enforceability.

The central legal issue before the Commission was whether the agreement contained all the necessary provisions as outlined in the Fair Work Act, and whether it was made in good faith and without coercion. Additionally, the Commission had to determine whether the agreement complied with the relevant national employment standards and whether it provided for appropriate mechanisms for dispute resolution.

In its decision, the Commission noted that the agreement contained all the necessary provisions as outlined in the Fair Work Act, including provisions for minimum wages and entitlements, leave, and dispute resolution. The Commission also found that the agreement was made in good faith and without coercion, and that it complied with the relevant national employment standards. The Commission was satisfied that the agreement provided for appropriate mechanisms for dispute resolution, including a provision for conciliation and arbitration through the Fair Work Commission. As a result, the Commission approved the agreement and it was registered on the date of the decision.

The Fair Work Commission approved the Van Starr Technologies Pty Ltd Regional Works Enterprise Agreement 2013, and ordered that it be registered as a registered agreement under the Fair Work Act. The decision is a positive outcome for the company and its employees, as it provides a legally enforceable framework for their working arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established