Sandall Shopfitting Aust Pty Ltd Summary

[2013] FWCA 2365

FAIR WORK COMMISSION

DECISION

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

Sandall Shopfitting Aust Pty Ltd
(AG2013/830)

SANDALL SHOPFITTING AUST PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 APRIL 2013

Application for approval of the Sandall Shopfitting Aust Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 April 2013 by Sandall Shopfitting Aust Pty Ltd for the approval of a single-enterprise agreement known as the Sandall Shopfitting Aust Pty Ltd 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

Sandall Shopfitting Aust Pty Ltd, the applicant, sought approval of the Sandall Shopfitting Aust Pty Ltd Enterprise Agreement 2013. The respondent, the Retail Employees and Wholesale Employees' Union of Australia, contested the application. The dispute was heard in the Fair Work Commission. The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained genuine bargaining and was made in good faith.

The Commission examined the process through which the agreement was formed, considering if both parties had genuinely negotiated and if the terms were not imposed unilaterally. The Commission found that the agreement was the product of genuine bargaining as both parties had engaged in negotiations over an extended period. The terms of the agreement were also found to be in good faith, as they were reasonable and did not unfairly disadvantage either party. The Commission concluded that the agreement met the statutory criteria for approval.

As a result, the application for approval of the Sandall Shopfitting Aust Pty Ltd Enterprise Agreement 2013 was approved. The agreement was certified as meeting the requirements of the Fair Work Act 2009, allowing it to be registered and enforceable. This decision sets a precedent for the certification of enterprise agreements in similar circumstances, ensuring that the processes of genuine bargaining and good faith are upheld.

Sandall Shopfitting Aust Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established