DECISION

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

SHEPCON QLD Pty Ltd
(AG2015/1634)

SHEPCON QLD PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 JANUARY 2015

Application for approval of the SHEPCON QLD Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 January 2015 by SHEPCON QLD Pty Ltd for the approval of a single-enterprise agreement known as the SHEPCON QLD Pty Ltd Enterprise Agreement 2015(“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SHEPCON QLD Pty Ltd, a company in the electrical contracting industry, applied to the Fair Work Commission for approval of the SHEPCON QLD Pty Ltd Enterprise Agreement 2015. The Australian Manufacturing Workers Union, representing the employees, did not oppose the application, but raised concerns about certain provisions. The matter was heard by Deputy President McCabe.

The legal issues before the court were whether the provisions in question complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the provisions met the procedural requirements for enterprise agreements, such as proper consultation, and if they adhered to the provisions' substantive fairness and public interest considerations.

Deputy President McCabe found that the provisions in question did not comply with the procedural requirements, as the employer had not provided sufficient information to the union for effective consultation. However, the court also noted that the union had not formally objected to the provisions, and the employer had made efforts to address the union's concerns. The Deputy President concluded that the provisions were fair and met the public interest test, and approved the enterprise agreement with modifications to address the procedural issues.

The final orders included the approval of the enterprise agreement with modifications, such as the removal of certain provisions and the inclusion of additional consultation processes. The employer was also required to provide the union with additional information and documentation to facilitate future consultations. The union was given the opportunity to make submissions on the modifications before the final approval was granted.

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