Sharp Resources Pty Ltd Summary

[2016] FWCA 1270

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sharp Resources Pty Ltd

(AG2016/91)

SHARP RESOURCES PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Sharp Resources Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the

Sharp Resources Pty Ltd Enterprise Agreement (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sharp Resources

Pty Ltd. 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.
[2016] FWCA 1270

[4] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will

operate from 7 March 2016. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1270

Annexure A

[2016] FWCA 1270

CaseChat Overview and Summary

Sharp Resources Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement, known as the Sharp Resources Pty Ltd Enterprise Agreement, under section 185 of the Fair Work Act 2009. The application was made to Commissioner Roe, who decided that the agreement should be approved. The agreement is a single enterprise agreement that covers a specific group of employees within the company.

The legal issues in the case were whether the agreement met the requirements of the Fair Work Act, including sections 186, 187, 188, and 190, and whether the group of employees covered by the agreement was fairly chosen. The court also considered the written undertakings provided by the company to ensure they would not cause financial detriment to any employee or result in substantial changes to the agreement.

The Commissioner was satisfied that the requirements of the Act had been met and that the group of employees covered by the agreement was fairly chosen. The agreement was approved and will operate from 7 March 2016, with a nominal expiry date of 29 February 2020. The Commissioner took into account the factors in Section 186(3) and (3A) of the Act in making the decision.

The final orders were that the Sharp Resources Pty Ltd Enterprise Agreement was approved and would operate from 7 March 2016, subject to the written undertakings provided by the company. The agreement will remain in effect until 29 February 2020, unless terminated earlier in accordance with the terms of the agreement or the Act.

Sharp Resources Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established