Shamrock Civil Engineering Pty Ltd

[2025] FWCA 87

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Shamrock Civil Engineering Pty Ltd

(AG2024/5095)

SHAMROCK CIVIL ENGINEERING ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JANUARY 2025

Application for approval of the Shamrock Civil Engineering Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Shamrock Civil Engineering Enterprise Agreement 2024 (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 Engineering Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 Australian Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 17 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Shamrock Civil Engineering Pty Ltd sought approval of the Shamrock Civil Engineering Enterprise Agreement 2024. The applicant, an engineering company, had reached a proposed enterprise agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with deciding whether the agreement should be approved and registered.

The legal issues before the Commission involved assessing whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act 2009. Key points included determining whether the agreement met the procedural requirements for enterprise agreements, and whether the agreement contained terms that were fair and reasonable.

The Commission found that the agreement was made in good faith and met all procedural requirements. It also concluded that the terms of the agreement were fair and reasonable. The agreement provided for appropriate minimum wages, conditions and entitlements, and included mechanisms for resolving disputes. The Commission approved the agreement and ordered its registration.

This decision provides clarity for employers and employees in the engineering sector regarding the requirements for enterprise agreements. The approved agreement will provide a framework for industrial relations in the Shamrock Civil Engineering workplace, offering certainty and stability for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established