DECISION

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

Shadforth's Civil Pty Ltd T/A Shadforth
(AG2021/5917)

SHADFORTH ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 9 JULY 2021

Application for approval of the Shadforth Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Shadforth Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shadforth’s Civil Pty Ltd T/A Shadforth (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2021. The nominal expiry date of the Agreement is 16 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Shadforth's Civil Pty Ltd, trading as Shadforth, applied for approval of the Shadforth Enterprise Agreement 2021-2024. The dispute centred around the terms of the proposed agreement, which the applicant claimed would enhance operational efficiency and address workforce requirements, while the objectors argued that certain provisions would adversely affect employee rights and conditions. The Commission was tasked with assessing whether the agreement met the legal standards for enterprise agreements and if it was in the best interests of the employees.

The primary legal issues the Commission had to resolve were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009 and if it was procedurally fair, considering the process through which it was negotiated and the provisions' impact on employees. The Commission also needed to determine whether the agreement met the 'better off overall test', ensuring employees were not worse off financially or in terms of conditions compared to their previous entitlements.

In delivering its decision, the Commission examined the negotiation process and found that the agreement had been negotiated in good faith and included all mandatory terms. The Commission noted that the objectors had not provided sufficient evidence to demonstrate that the agreement would result in employees being worse off overall. The Commission concluded that the proposed agreement was fair and met the necessary statutory requirements, thereby approving the Shadforth Enterprise Agreement 2021-2024. The decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and provide adequate protections for employees, while also allowing businesses to adapt to changing circumstances.

Shadforth's Civil Pty Ltd T/A Shadforth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established