DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shannon Construction Pty Ltd
(AG2015/1933)

SHANNON CONSTRUCTION PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Shannon Construction Pty Ltd Queensland Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Shannon Construction Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Shannon Construction Pty Ltd sought approval of the Shannon Construction Pty Ltd Queensland Enterprise Agreement 2015. The applicant is an engineering and construction company operating in Queensland, and the dispute involved the terms and conditions of employment for its employees, particularly those in the engineering and construction industries. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the statutory prerequisites for minimum entitlements, and whether it provided for the appropriate processes for resolving workplace issues. The Commission had to assess if the agreement covered the necessary minimum terms and conditions, and if it contained a proper dispute resolution process. Additionally, the Commission considered whether the agreement had been genuinely negotiated and if it was in the best interests of the employees.

The Fair Work Commission found that the agreement met the statutory requirements and was genuinely negotiated. The Commission concluded that the agreement provided for appropriate minimum entitlements and dispute resolution processes. It was determined that the agreement was in the best interests of the employees and that it complied with the relevant provisions of the Fair Work Act 2009. Consequently, the Commission approved the Shannon Construction Pty Ltd Queensland Enterprise Agreement 2015.

The Fair Work Commission approved the Shannon Construction Pty Ltd Queensland Enterprise Agreement 2015, effective from 1 July 2015. This decision ensures that the agreement governs the employment terms and conditions for the employees of Shannon Construction Pty Ltd in Queensland, and provides a framework for resolving any workplace issues that may arise.

Shannon Construction 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