Shadbolt Engineering Pty Ltd Summary

[2013] FWCA 1227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shadbolt Engineering Pty Ltd
(AG2013/5036)

SHADBOLT ENGINEERING SITES COLLECTIVE AGREEMENT 2013-2017

Manufacturing and associated industries
COMMISSIONER GOOLEY	MELBOURNE, 22 FEBRUARY 2013

Application for approval of the Shadbolt Engineering Sites Collective Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Shadbolt Engineering Sites Collective Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shadbolt Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 22 February 2013 and, in accordance with s.54, will operate from 1 March 2013. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Shadbolt Engineering Pty Ltd was involved in a legal matter concerning the approval of a collective agreement. The application was brought before the Fair Work Commission. The central issue was whether the collective agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The agreement in question was the Shadbolt Engineering Sites Collective Agreement 2013-2017, which aimed to govern the terms and conditions of employment for employees at Shadbolt Engineering's sites.

The legal issues before the court centred on whether the agreement complied with the provisions of the Fair Work Act, particularly those related to the protection of employee rights and interests. Key points of concern included the fairness of the agreement's terms, whether it appropriately balanced the interests of both employers and employees, and whether it met the statutory requirements for fair and equitable treatment. The court also had to consider whether the agreement provided adequate mechanisms for dispute resolution and whether it was negotiated in good faith.

In delivering its decision, the Fair Work Commission found that the Shadbolt Engineering Sites Collective Agreement 2013-2017 generally met the legal standards required for approval. The Commission concluded that the agreement provided fair and equitable terms for both parties, adequately protected employees' rights, and included appropriate mechanisms for dispute resolution. The Commission also determined that the agreement had been negotiated in good faith and complied with the statutory requirements under the Fair Work Act. Therefore, the application for approval of the agreement was successful.

As a result of the Commission's decision, the Shadbolt Engineering Sites Collective Agreement 2013-2017 was approved and registered under the Fair Work Act. The agreement now governs the employment terms and conditions for employees at Shadbolt Engineering's sites for the specified period.

Shadbolt Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established