DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SHEPCON QLD Pty Ltd
(AG2018/1653)

SHEPCON QLD PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 6 SEPTEMBER 2018

Application for approval of the Shepcon Qld Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Shepcon Qld Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SHEPCON QLD Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2018. The nominal expiry date of the Agreement is 5 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SHEPCON QLD Pty Ltd recently faced a legal dispute before the Fair Work Commission concerning the approval of the Shepcon Qld Pty Ltd Enterprise Agreement 2018. The application for approval was brought by the employer, seeking confirmation that the agreement met the legal standards and criteria established under the Fair Work Act 2009. The dispute arose as a result of objections raised by certain employees who contested the fairness and compliance of the agreement with relevant legislative requirements.

The primary legal issues before the Commission involved whether the agreement complied with the procedural requirements of the Fair Work Act, specifically regarding the process by which the agreement was negotiated and the extent to which it covered essential terms. Additionally, the court had to assess whether the agreement contained terms that were contrary to public policy or that failed to meet the genuine agreement criteria, including the absence of coercion and undue influence.

In delivering its decision, the Fair Work Commission examined the negotiation process and the content of the agreement in detail. The Commission found that the negotiation process adhered to the legal requirements, and that the agreement contained all essential terms as mandated by the Act. The Commission also determined that the terms of the agreement were not contrary to public policy and met the genuine agreement criteria. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with the necessary legal standards.

As a result of the Commission's decision, the Shepcon Qld Pty Ltd Enterprise Agreement 2018 was approved, and it will now be subject to the enforcement mechanisms provided by the Fair Work Act. The Commission's approval signifies that the agreement is legally binding on both the employer and the employees, ensuring that it will be implemented in accordance with the terms specified.

SHEPCON QLD 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