Shantfell Underground Pty Ltd

[2014] FWCA 2182

The attached document replaces the document previously issued with the above code on 16 April 2014.

The decision on 16 April 2014 has the wrong date in paragraph A, the correct date should be 3 April 2014 and correct document code in paragraph A should refer to FWCA.

Associate to SENIOR DEPUTY PRESIDENT DRAKE

Dated 15 May 2014

[2014] FWCA 2182

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Shantfell Underground Pty Ltd
(AG2014/449)

SHANTFELL UNDERGROUND PTY LTD ENTERTPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 16 APRIL 2014

Correction to a decision - Application for approval of the Shantfell Underground Pty Ltd Enterprise Agreement 2014-2018

A. The decision issued by the Fair Work Commission on 3 April 2014 ([2014] FWCA 2182) is corrected as follows:

[1] By deleting all references to “Ealwin Pty Ltd Enterprise Agreement 2014 – 2018” and replacing them with “Shantfell Underground Pty Ltd Enterprise Agreement 2014-2018”.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shantfell Underground Pty Ltd was before the Fair Work Commission in an application for the approval of a single-enterprise agreement. The application was made by the company in accordance with section 185 of the Fair Work Act 2009. The company sought to have the Shantfell Underground Pty Ltd Enterprise Agreement 2014-2018 approved, which was to replace a previous agreement that had expired. The nature of the dispute was the company's request to have the terms and conditions of employment for its employees updated through the new agreement, which included changes to wages, hours of work, and other employment conditions.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to determine if the agreement was made in good faith, if it provided for the proper protection of employees' rights and entitlements, and if it was consistent with the objectives of the Act. The Commission also needed to consider if the agreement was likely to achieve a fair balance between the interests of employers and employees.

The Fair Work Commission found that the proposed agreement met the requirements of the Act and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement was made in good faith, provided for the proper protection of employees' rights and entitlements, and was consistent with the objectives of the Act. The Commission also found that the agreement achieved a fair balance between the interests of employers and employees. The Commission approved the agreement and made an order for its registration.

The Commission's decision was final and binding on the parties. The Shantfell Underground Pty Ltd Enterprise Agreement 2014-2018 was approved and registered, and became the new agreement governing the terms and conditions of employment for the company's employees. The company and its employees were now bound by the terms of the agreement, which would remain in force until it was either replaced by a new agreement or expired.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established