DECISION

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

Emanon Shoring Pty Ltd ATF The Hilder Family Trust
(AG2015/1422)

EMANON SHORING PTY LTD ATF THE HILDER FAMILY TRUST & EMPLOYEES ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 31 JULY 2015

Application for approval of the Emanon Shoring Pty Ltd ATF The Hilder Family Trust & Employees Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known asthe Emanon Shoring Pty Ltd ATF The Hilder Family Trust & Employees Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emanon Shoring Pty Ltd ATF The Hilder Family Trust (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Emanon Shoring Pty Ltd ATF The Hilder Family Trust and its employees have applied to the Fair Work Commission for approval of their enterprise agreement for the years 2015 to 2019. The employees are represented by the Construction, Forestry, Maritime, Mining and Energy Union. The employer contests the application on various grounds, including that the agreement does not provide for the flexibility required to manage the business and that it contravenes certain statutory provisions. The primary concern of the employer is the provisions relating to shift penalties and overtime rates, which they argue are excessively generous and detrimental to their business operations.

The legal issues before the Commission include whether the agreement is in the best interests of the employees, whether it provides for appropriate flexibility and efficiency, and whether it complies with relevant legislative requirements. The Commission had to assess the fairness and reasonableness of the agreement's terms, particularly those concerning shift penalties and overtime rates, against the backdrop of the employer's business needs and the statutory framework governing enterprise agreements.

The Commission considered the nature of the employer's business, the specific demands of the industry, and the collective bargaining process that led to the agreement. The Commission found that the agreement, while containing provisions that were more generous than those typically seen in the industry, was not unfair or unreasonable when viewed in the context of the bargaining process and the employees' legitimate expectations. The Commission also noted that the agreement included provisions for flexibility and efficiency, such as the ability to vary shift patterns and the inclusion of a hardship clause. Consequently, the Commission approved the application, determining that the agreement was in the best interests of the employees and complied with the relevant legislative requirements.

The final orders of the Commission were that the Emanon Shoring Pty Ltd ATF The Hilder Family Trust & Employees Enterprise Agreement 2015 - 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement is to be registered on the Register of Approved Agreements, and the Commission directed that the agreement be published in the Commonwealth Gazette.

Emanon Shoring Pty Ltd ATF The Hilder Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established