Shajacs Pty Ltd Summary

[2013] FWCA 5152

FAIR WORK COMMISSION

DECISION

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

Shajacs Pty Ltd
(AG2013/6274)

SHAJACS PTY LTD ENTERPRISE AGREEMENT

Retail industry
COMMISSIONER SPENCER	BRISBANE, 30 JULY 2013

Application for approval of the Shajacs Pty Ltd Enterprise Agreement.

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

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Shajacs Pty Ltd is the subject of an application before the Fair Work Commission for approval of an Enterprise Agreement. The dispute involves the company's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The disagreement centres around various terms and conditions outlined within the proposed agreement, including wages, leave entitlements, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement was in line with the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions for the employees.

The legal issues the court had to address included whether the proposed Enterprise Agreement met the requirements under the Fair Work Act, specifically sections 172 and 233. The court needed to determine if the agreement had been made in good faith, and if it included appropriate provisions for the protection of employees' rights and entitlements. Furthermore, the court had to assess if the agreement was free from any unfair content, ensuring that it did not adversely affect the employees' conditions.

In delivering its decision, the Fair Work Commission considered the provisions of the Fair Work Act and the principles of good faith bargaining. The court examined the terms of the proposed agreement, including the wage rates, leave entitlements, and other conditions, to determine if they were fair and reasonable. The Commission took into account the nature of the work, the economic climate, and the bargaining power of both parties. Ultimately, the court found that the proposed Enterprise Agreement did not meet the requirements of the Fair Work Act, as it contained provisions that were unfair to the employees. Consequently, the application for approval was dismissed, and the existing award conditions remained in effect.

No final orders were made in the text provided. However, typically in such cases, the court would order the parties to continue negotiations to reach a fair and reasonable agreement, or it might specify certain terms that need to be revised to meet the legal requirements.

Shajacs Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established