DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shadbolt Group Pty Ltd T/A Shadbolt Group
(AG2019/3825)

SHADBOLT GROUP PTY LTD SITES ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 17 OCTOBER 2019

Application for approval of the Shadbolt Group Pty Ltd Sites Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Shadbolt Group Pty Ltd Sites Enterprise Agreement 2019 - 2022 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54, will operate from 24 October 2019. The nominal expiry date of the Agreement is 23 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shadbolt Group Pty Ltd, trading as Shadbolt Group, applied for the approval of an enterprise agreement made in 2019. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements if they meet certain criteria. The primary dispute involved the terms and conditions of employment within the enterprise agreement, and whether these were fair and reasonable.

The legal issues before the court were whether the agreement complied with the Fair Work Act 2009 and whether it was made in accordance with the requirements of the Fair Work Regulations 2009. The court was required to determine if the agreement met the "better off overall test," ensuring that employees were not worse off financially compared to their previous conditions. Additionally, the court had to consider if the agreement was made without coercion, and if it contained necessary provisions for employee representation.

In delivering its decision, the Fair Work Commission found that the Shadbolt Group Pty Ltd Sites Enterprise Agreement 2019-2022 was fair and reasonable. The court noted that the agreement contained provisions that were beneficial to employees, including increased wages, improved leave entitlements, and additional protections. The commission was satisfied that the agreement was made without coercion and met the better off overall test. As a result, the Fair Work Commission approved the enterprise agreement.

The final orders of the court were that the Shadbolt Group Pty Ltd Sites Enterprise Agreement 2019-2022 be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the agreement will be legally binding on the parties and enforceable in accordance with the provisions of the Act.

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