Shamrock Civil Engineering Pty Ltd Summary

[2021] FWCA 6082

FAIR WORK COMMISSION

DECISION

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

Shamrock Civil Engineering Pty Ltd
(AG2021/7358)

SHAMROCK CIVIL ENGINEERING ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 SEPTEMBER 2021

Application for approval of the Shamrock Civil Engineering Enterprise Agreement 2021.

[1] Shamrock Civil Engineering Pty Ltd has made an application for the approval of an enterprise agreement known as the Shamrock Civil Engineering Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Workers’ Union (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 30 September 2021 and, in accordance with s 54, will operate from 7 October 2021. The nominal expiry date of the Agreement is 7 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Shamrock Civil Engineering Pty Ltd applied for approval of the Shamrock Civil Engineering Enterprise Agreement 2021. The application was heard by the Fair Work Commission. The matter involved a proposed enterprise agreement that Shamrock Civil Engineering Pty Ltd intended to implement across its workforce. The applicants sought to have the agreement approved under the Fair Work Act 2009. This was contested by the respondents who argued that certain provisions of the agreement did not meet the requirements of the Act.

The court was required to determine whether the provisions of the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement met the direct and indirect terms test, whether it contained mandatory terms, and if the agreement had been made in good faith and on a proper basis. The court also needed to consider whether the agreement provided for proper protections for employees and if it met the requirements for fair and reasonable terms.

The Fair Work Commission found that the agreement complied with the statutory requirements under the Fair Work Act 2009. The court held that the agreement met the direct and indirect terms test, contained appropriate mandatory terms, and had been made in good faith and on a proper basis. The court also found that the agreement provided for adequate protections for employees and met the requirements for fair and reasonable terms. As a result, the Commission approved the Shamrock Civil Engineering Enterprise Agreement 2021.

The Commission made an order approving the Shamrock Civil Engineering Enterprise Agreement 2021, effective from the date of the order. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees of Shamrock Civil Engineering Pty Ltd. The order was binding on all parties involved and would govern the employment terms and conditions of the workforce until such time as the agreement was terminated or replaced by a new agreement.

Shamrock Civil Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established