DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shaw Contracting Pty Ltd T/A Shaw Contracting
(AG2016/7989)

SHAW CONTRACTING (AUST) PTY LTD ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the Shaw Contracting (Aust) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shaw Contracting (Aust) Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shaw Contracting Pty Ltd T/A Shaw Contracting. 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. 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.

[3] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Shaw Contracting Pty Ltd, trading as Shaw Contracting, sought approval of an enterprise agreement entered into with their employees. The application for approval was made under the Fair Work Act 2009. The respondents to the application were the employees and their union, which raised concerns about certain provisions within the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly focusing on whether it provided for the safety, health, and welfare of employees, and whether it complied with the requirements for a "single interest" employer. The union argued that several provisions of the agreement were deficient in these respects, including issues related to pay rates, penalty rates, and conditions of employment.

The Commission considered the provisions of the Fair Work Act and relevant case law in determining whether the agreement was fair and appropriate. After reviewing the arguments and evidence presented by both parties, the Commission found that the agreement was fair and appropriate. The Commission noted that while there were some concerns raised by the union, the overall agreement met the statutory requirements, including the provision for the safety, health, and welfare of employees. The Commission further determined that the employer was a "single interest" employer and that the agreement did not unfairly disadvantage any employee.

Accordingly, the Fair Work Commission approved the Shaw Contracting (Aust) Pty Ltd Enterprise Agreement 2017, subject to certain conditions and modifications to address specific concerns raised during the hearing. The approved agreement will now be binding on the parties, providing a framework for the terms and conditions of employment for the employees of Shaw Contracting.

Shaw Contracting Pty Ltd T/A Shaw Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established