DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shearform Pty Ltd
(AG2015/7643)

SHEARFORM PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Shearform Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shearform Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shearform 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2016. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Shearform Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred around the application for the approval of the Shearform Pty Ltd Enterprise Agreement 2015. The case was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the agreement met the necessary requirements under the Fair Work Act 2009, and whether the agreement was appropriately certified by the relevant union. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained the essential minimum terms as required by law.

The Commission carefully examined the application and the evidence provided by both parties. It was noted that the agreement had been negotiated between the employer and the union, and both parties had provided submissions in support of the application. The Commission assessed whether the agreement contained all the essential minimum terms, including those related to wages, hours of work, and other conditions of employment. Furthermore, the Commission considered if the union had genuinely certified the agreement as a genuine agreement, and if the process of negotiation and agreement had been conducted in good faith. The evidence demonstrated that the agreement was negotiated with genuine intent, and the union's certification process was deemed to be appropriate.

In its decision, the Commission found that the agreement met the requirements of the Fair Work Act 2009 and was appropriately certified. The Commission approved the Shearform Pty Ltd Enterprise Agreement 2015, confirming its validity and enforceability. The decision was based on the satisfactory evidence provided by both parties, showing that the agreement was made in good faith and contained all the necessary minimum terms. The Commission's approval ensures that the terms of the agreement will be binding on the parties and will govern their employment relationship going forward.

Shearform Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established