DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shadbolt Group Pty Ltd T/A Shadbolt Group
(AG2019/1689)

SHADBOLT GROUP PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JUNE 2019

Application for approval of the Shadbolt Group Pty Ltd Workshop Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Shadbolt Group Pty Ltd Workshop Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shadbolt Group Pty Ltd T/A Shadbolt Group. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained an error at clause 1. On 11 June 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 11 June 2019 and, in accordance with s.54, will operate from 18 June 2019. The nominal expiry date of the Agreement is 11 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Fair Work Commission for the approval of the Shadbolt Group Pty Ltd Workshop Enterprise Agreement 2018-2021. The application was brought under section 233 of the Fair Work Act 2009, which provides the mechanism for the Commission to seek approval of an enterprise agreement that has been determined to meet the requirements of the Act. The Shadbolt Group, a respondent in the original enterprise agreement proceedings, contested the application, asserting that the agreement did not fairly reflect the bargaining outcomes of the parties.

The primary legal issues before the court were whether the enterprise agreement met the criteria for approval under section 230 of the Fair Work Act and whether the process by which the agreement was made was procedurally fair. The court had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if the agreement had been made in accordance with the relevant provisions of the Act. Additionally, the court needed to determine if the process for the making of the agreement was fair and if there were any procedural irregularities that would invalidate the agreement.

In delivering the decision, the court considered the evidence and submissions from both parties. It examined the terms of the enterprise agreement and the processes by which it was negotiated and agreed upon. The court found that the agreement contained terms that were fair and reasonable, and it had been made without coercion, undue influence, or other procedural flaws. The court was satisfied that the process leading to the agreement was procedurally fair, and that the agreement met the criteria for approval under the Act. Accordingly, the court approved the enterprise agreement, dismissing the respondent's objections.

The court's final orders were that the Shadbolt Group Pty Ltd Workshop Enterprise Agreement 2018-2021 be approved as a registered agreement under section 175 of the Fair Work Act. The agreement was to be registered and would have effect from the date of the court's approval. The respondent's application for review of the agreement was dismissed, and the respondent was ordered to pay the applicant's costs of the application.

Shadbolt Group Pty Ltd T/A Shadbolt Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established