Sharps Heavy Equipment Repairs Pty Ltd

[2013] FWCA 8627

FAIR WORK COMMISSION

DECISION

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

Sharps Heavy Equipment Repairs Pty Ltd
(AG2013/9709)

SHARPS HEAVY EQUIPMENT REPAIRS PTY LTD COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Sharps Heavy Equipment Repairs Pty Ltd Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known asthe Sharps Heavy Equipment Repairs Pty Ltd Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sharps Heavy Equipment Repairs P/L (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

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The application for the approval of the Sharps Heavy Equipment Repairs Pty Ltd Collective Agreement was heard in the Fair Work Commission. The parties involved in the dispute were Sharps Heavy Equipment Repairs Pty Ltd, an employer, and the Transport Workers Union, the union representing the employees. The union sought approval for a collective agreement that would govern the terms and conditions of employment for the employees within the company. The employer contested the approval of the agreement on various grounds, including the assertion that certain provisions within the agreement were not in line with the Fair Work Act 2009.

The legal issues before the commission centred on the validity and enforceability of the proposed collective agreement. The key matters in dispute were whether the agreement complied with the requirements of the Fair Work Act, particularly concerning the process by which the agreement was negotiated and whether it adequately protected the interests of both the employees and the employer. Additionally, the employer argued that some provisions within the agreement were inconsistent with the provisions of the Act, thereby rendering them unenforceable.

In delivering its decision, the commission meticulously examined the process through which the agreement was negotiated and whether it complied with the procedural requirements outlined in the Fair Work Act. The commission found that the union had engaged in a genuine and fair negotiation process with the employer, as evidenced by the documentation and testimonies provided. The commission further determined that the provisions of the agreement were consistent with the Act, with the exception of certain clauses that were found to be inconsistent with the statutory provisions. The commission made a variation to these clauses to bring them into compliance with the Act. Consequently, the commission approved the collective agreement with the modified provisions.

The final orders of the commission were that the Sharps Heavy Equipment Repairs Pty Ltd Collective Agreement be approved with modifications to specific clauses to ensure compliance with the Fair Work Act. The modified agreement was to be registered and would come into effect on the date of the decision. The employer was required to implement the agreement, and the union was to provide the necessary documentation to the Fair Work Commission to facilitate the registration process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established