DECISION

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

Shamrock Civil Engineering Pty Ltd
(AG2015/6057)

SHAMROCK CIVIL ENGINEERING PTY LTD VICTORIA ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2015

Application for approval of the Shamrock Civil Engineering Pty Ltd Victoria Enterprise Agreement 2015.

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

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 23 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Shamrock Civil Engineering Pty Ltd, the applicant sought approval of the Shamrock Civil Engineering Pty Ltd Victoria Enterprise Agreement 2015. The application was brought before the Fair Work Commission. The primary dispute centred around whether the proposed enterprise agreement complied with the necessary legislative provisions and whether it was in the best interests of the employees involved. The applicant argued that the agreement was fair and appropriate, while the respondent raised concerns about the agreement's compliance with the relevant laws.

The court was required to determine whether the proposed enterprise agreement adhered to the provisions of the Fair Work Act 2009 and if it provided fair and appropriate terms and conditions for the employees. The court also had to consider whether the agreement would result in a significant public interest benefit and whether the process used to develop the agreement was fair and appropriate.

The Fair Work Commission found that the proposed enterprise agreement was compliant with the necessary legislative requirements. The court concluded that the agreement was fair and appropriate and would not result in any significant detriment to the employees. The commission noted that the agreement provided for reasonable terms and conditions, including provisions for minimum wages, leave entitlements, and other employment benefits. Additionally, the process used to develop the agreement was deemed to be fair and appropriate, with the involvement of both the applicant and the employees' representatives. Consequently, the application for approval of the Shamrock Civil Engineering Pty Ltd Victoria Enterprise Agreement 2015 was granted. The commission issued an order approving the enterprise agreement, which would now be binding on all employees covered by the agreement.

Shamrock Civil Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established