DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shadforths Civil Engineering Contractors Pty Ltd
(AG2016/1244)

SHADFORTHS GROUP ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Shadforths Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shadforths Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shadforths Civil Engineering Contractors 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. 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 was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Shadforths Civil Engineering Contractors Pty Ltd applied for approval of the Shadforths Group Enterprise Agreement 2016 before the Fair Work Commission. The applicant, Shadforths, is a civil engineering contractor and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), is a trade union representing employees in the construction industry. The application was brought before the Commission to determine whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Shadforths Group Enterprise Agreement 2016 complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it met the criteria for being a simple, low-risk, or high-risk agreement. Additionally, the Commission needed to assess whether the agreement had been appropriately certified by an independent third party.

In reaching its decision, the Commission considered the evidence and submissions provided by both Shadforths and the CFMEU. The Commission found that the Shadforths Group Enterprise Agreement 2016 was made in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009. The Commission also determined that the agreement was a low-risk agreement and had been certified by an independent third party in accordance with the statutory requirements. Consequently, the Commission approved the Shadforths Group Enterprise Agreement 2016.

The Fair Work Commission approved the Shadforths Group Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act 2009. The agreement is now in effect, governing the terms and conditions of employment for the employees represented by the CFMEU under the agreement.

Shadforths Civil Engineering Contractors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established