DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sheppard Industries Australia Limited t/a Sheppard Cycles
(AG2015/6121)

SHEPPARD INDUSTRIES AUSTRALIA LIMITED WAREHOUSE EMPLOYEES ENTERPRISE AGREEMENT 2015 - 2018

Storage services
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2015

Application for approval of the Sheppard Industries Australia Limited Warehouse Employees Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sheppard Industries Australia Limited Warehouse Employees Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sheppard Industries Australia Limited t/a Sheppard Cycles. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 November 2015 and, in accordance with s.54, will operate from 25 November 2015. The nominal expiry date of the Agreement is 3 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sheppard Industries Australia Limited, trading as Sheppard Cycles, sought approval for the Warehouse Employees Enterprise Agreement 2015-2018. The application was brought before the Fair Work Commission, the tribunal responsible for overseeing and approving enterprise agreements under Australian labour law. The primary dispute centred around whether the agreement met the statutory requirements for approval, including whether it provided for the fair and reasonable terms and conditions for employees and whether it complied with the procedural requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included the adequacy of the agreement's procedural fairness, ensuring that employees had a genuine opportunity to be involved in the negotiation process, and the substantive fairness of the agreement's terms. The Commission examined whether the agreement met the criteria for "no disadvantage" as stipulated by the Act, which requires that the agreement does not provide for less favourable terms and conditions than those provided for by the relevant award or safety net. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Commission meticulously reviewed the negotiation process and the content of the agreement. The Commission found that the agreement was negotiated in good faith and that employees had a meaningful opportunity to participate in the negotiations. The substantive terms of the agreement were also found to be fair and reasonable, providing for appropriate remuneration, leave entitlements, and other conditions of employment. The Commission concluded that the agreement did not disadvantage the employees and complied with the statutory requirements for approval. Consequently, the Fair Work Commission approved the Warehouse Employees Enterprise Agreement 2015-2018.

Sheppard Industries Australia Limited t/a Sheppard Cycles

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established