DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shepherd Group Services Pty Ltd T/A Shepherd Group Services
(AG2015/2844)

SHEPHERD GROUP SERVICES ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 1 JULY 2015

Application for approval of the Shepherd Group Services Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Shepherd Group Services Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shepherd Group Services 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 relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Shepherd Group Services Pty Ltd, trading as Shepherd Group Services, applied for the approval of the Shepherd Group Services Enterprise Agreement 2014-2017. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees covered by the proposed agreement.

The legal issues before the Commission included whether the agreement met the procedural requirements for approval, whether it provided for minimum terms and conditions as required by the Fair Work Act, and if the agreement was fair and reasonable in all its terms. The Commission had to ensure that the agreement complied with the statutory framework and did not disadvantage any party unfairly.

The Commission found that the application met the necessary procedural requirements and that the agreement contained all the prescribed minimum terms and conditions. It was noted that the agreement provided for fair and reasonable terms, considering the nature of the industry and the parties' bargaining positions. The Commission concluded that the agreement was fair and reasonable and approved it. The decision was made in the interest of achieving a balanced outcome for both employers and employees, ensuring that the agreement was compliant and fair.

Shepherd Group Services Pty Ltd T/A Shepherd Group Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established