DECISION

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

Shearwall Pty Ltd
(AG2015/2322)

SHEARWALL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 APRIL 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Shearwall 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 Shearwall Pty Ltd. 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 as are 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 29 April 2015. The nominal expiry date of the Agreement is 28 April 2019.

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CaseChat Overview and Summary

The applicant, Shearwall Pty Ltd, sought approval of the Shearwall Pty Ltd Enterprise Agreement 2015 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the applicant's employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the agreement met the statutory requirements for approval, including the consideration of the agreement's impact on employees' rights, the process by which it was negotiated, and whether it contained terms that were contrary to public policy or unfair.

The legal issues before the commission included whether the agreement had been genuinely negotiated between the parties, whether it provided for the protection of employees' rights and entitlements, and whether it contained terms that were contrary to public policy or otherwise unfair. The commission also considered whether the agreement provided for the appropriate resolution of disputes between the parties. The applicant argued that the agreement was the product of genuine bargaining and provided for fair and reasonable terms for both parties. The union, on the other hand, argued that the agreement did not adequately protect employees' rights and contained terms that were contrary to public policy.

The commission found that the agreement had been genuinely negotiated and contained terms that were not contrary to public policy or unfair. The commission noted that the agreement provided for the appropriate resolution of disputes between the parties and contained terms that were consistent with the principles of the Fair Work Act. The commission also found that the agreement provided for the protection of employees' rights and entitlements. Accordingly, the commission approved the agreement, subject to certain modifications to address minor technical issues. The modifications did not alter the substance of the agreement or its compliance with the statutory requirements for approval.

Shearwall 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