DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shamrock Civil & Concrete Pty Ltd
(AG2016/869)

SHAMROCK CIVIL & CONCRETE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 MAY 2016

Application for approval of the Shamrock Civil & Concrete Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shamrock Civil & Concrete Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shamrock Civil & Concrete 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.

[4] The Agreement was approved on 23 May 2016 and, in accordance with s.54, will operate from 30 May 2016. The nominal expiry date of the Agreement is 23 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Shamrock Civil & Concrete Pty Ltd sought approval of its Enterprise Agreement 2015. The company, an employer in the construction industry, entered into the agreement with the Construction, Forestry, Maritime, Mining and Energy Union, representing its employees. The union challenged the agreement on several grounds, raising objections to certain provisions. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the requirements for "better off overall and in the round" and "genuine agreement." The union argued that the agreement did not adequately protect employee entitlements and that it did not reflect a genuine agreement between the parties. The company, on the other hand, contended that the agreement was fair and balanced, providing adequate protections and benefits to employees.

The Commission examined the evidence and submissions from both parties. It considered the overall terms of the agreement, including wages, conditions, and dispute resolution mechanisms. The Commission found that the agreement did provide for a fair and reasonable set of terms and conditions for the employees, taking into account the commercial realities faced by the company. The Commission determined that the agreement was genuine and met the statutory criteria for approval. Consequently, the application for approval of the Shamrock Civil & Concrete Pty Ltd Enterprise Agreement 2015 was approved.

The Commission ordered that the Enterprise Agreement 2015 be approved as a registered agreement, effective from the date of the decision. The agreement would now apply to the employees of Shamrock Civil & Concrete Pty Ltd, governing their employment terms and conditions.

Shamrock Civil & Concrete 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