DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shamrock Civil Engineering Pty Ltd T/A Shamrock Civil Engineering
(AG2016/7898)

SHAMROCK CIVIL ENGINEERING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 31 MARCH 2017

Application for approval of the Shamrock Civil Engineering Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shamrock Civil Engineering Enterprise Agreement 2016 (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 T/A Shamrock Civil Engineering. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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. The Australian Workers’ Union have provided an unsigned Form F18, and I have waived the requirement under rule 24(3) of the Fair Work Commission Rules 2013 that the notice be provided as a signed statutory declaration. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 March 2017 and, in accordance with s.54, will operate from 7 April 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Shamrock Civil Engineering, sought approval of the Shamrock Civil Engineering Enterprise Agreement 2016. The applicant is a small to medium enterprise involved in civil engineering works, with the respondent being an unincorporated association representing the employees. The dispute was heard in the Fair Work Commission. The central legal issue before the Commission was whether the provisions of the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and reasonable method of calculating wages and conditions, and whether it complied with the "better off overall test".

The Commission assessed the fairness of the agreement's provisions by considering the evidence presented by both parties. The applicant argued that the agreement provided for appropriate wage increases and conditions that were competitive within the industry. The respondent contended that the proposed changes to the agreement would adversely affect employee conditions. After evaluating the submissions and evidence, the Commission concluded that the agreement met the necessary criteria for approval. The wage increases and other terms were deemed to be fair and reasonable, and employees would be better off overall with the new agreement.

Accordingly, the Fair Work Commission approved the Shamrock Civil Engineering Enterprise Agreement 2016. The decision confirmed that the agreement complied with the statutory requirements, providing for fair and reasonable terms and conditions of employment, and met the better off overall test. The approval of the agreement was a significant outcome for the applicant, as it allowed for the continued smooth operation of its business while ensuring fair treatment for its employees.

Shamrock Civil Engineering Pty Ltd T/A Shamrock Civil Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established