Shaydi Pty Ltd

Shaydi Pty Ltd applied to the Fair Work Commission for approval of single-enterprise agreements. The dispute concerned the replacement of penalty rates with lesser ordinary hour payments. The Commission was required to determine whether the agreements were made in accordance with the requirements of the Fair Work Act 2009. The employer had made incorrect statements in its statutory declaration, which were to its advantage and in favour of the applicant employer. The Commission had to consider the effect of these incorrect statements on the approval of the agreements.

The Fair Work Commission considered the effect of the incorrect statements made by the employer. It found that the employer had made statements that were not entirely truthful and that these statements were to the employer's advantage. However, the Commission also considered the undertakings provided by the employer to correct the errors in the statutory declaration and to ensure compliance with the Fair Work Act 2009. The Commission found that the employer had taken steps to rectify the errors and that the agreements were otherwise in compliance with the Act. The Commission approved the single-enterprise agreements, subject to the employer's undertakings.

The Fair Work Commission approved the single-enterprise agreements, subject to the employer's undertakings. The employer must correct the errors in the statutory declaration and ensure compliance with the Fair Work Act 2009. The agreements provide for lesser ordinary hour payments in place of penalty rates, which is a matter for negotiation between the employer and employees. The Commission considered the employer's undertakings and the overall compliance of the agreements with the Act in making its decision. The approval of the agreements is subject to the employer's compliance with the conditions set out in the decision.