DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shannon Australia Pty Ltd
(AG2015/7576)

SHANNON AUSTRALIA PTY LTD CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Shannon Australia Pty Ltd Construction Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shannon Australia Pty Ltd Construction Services 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 Shannon Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2015. The nominal expiry date of the Agreement is 20 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Shannon Australia Pty Ltd, the applicant sought approval of the Shannon Australia Pty Ltd Construction Services Enterprise Agreement 2015. The dispute arose from the negotiation and subsequent approval of the enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with determining the validity and fairness of the agreement.

The primary legal issue before the Commission was whether the agreement met the procedural and substantive fairness criteria as outlined in the Fair Work Act. Specifically, the Commission had to ascertain whether the agreement was genuinely negotiated, contained the essential fairness terms, and was not detrimental to the employees. The negotiation process, the content of the agreement, and its impact on employees' rights and conditions were all scrutinised.

The Commission found that the agreement was genuinely negotiated and contained the essential fairness terms. The applicant had demonstrated that the negotiation process was fair and transparent, and the agreement provided for reasonable working conditions, remuneration, and other employment terms. The Commission was satisfied that the agreement did not unacceptably detract from employees' rights and was thus fair and reasonable. Consequently, the Fair Work Commission approved the Shannon Australia Pty Ltd Construction Services Enterprise Agreement 2015.

Shannon Australia 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