Sherrin Hire Pty Limited T/A Boom Sherrin

[2013] FWCA 1720

FAIR WORK COMMISSION

DECISION

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

Sherrin Hire Pty Limited T/A Boom Sherrin
(AG2013/502)

BOOM SHERRIN DRIVERS, MECHANICAL & WORKSHOP PERSONNEL - QUEENSLAND - ENTERPRISE AGREEMENT - 2013-2016

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 20 MARCH 2013

Application for approval of the Boom Sherrin Drivers, Mechanical & Workshop Personnel - Queensland - Enterprise Agreement - 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Boom Sherrin Drivers, Mechanical & Workshop Personnel - Queensland - Enterprise Agreement - 2013-2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sherrin Hire Pty Ltd T/A Boom Sherrin. The agreement is a single-enterprise agreement.

[2] On 19 March 2013 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2013. The nominal expiry date of the Agreement is 19 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sherrin Hire Pty Limited, trading as Boom Sherrin, applied to the Fair Work Commission for approval of the Boom Sherrin Drivers, Mechanical & Workshop Personnel - Queensland - Enterprise Agreement - 2013-2016. The Commission was required to decide whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the requirements for approval.

The Commission considered whether the proposed agreement satisfied the criteria set out in the Fair Work Act, including whether it contained a genuine enterprise agreement and whether it met the better-off-overall test. The Commission found that the proposed agreement was a genuine enterprise agreement and that it met the better-off-overall test, as it provided for improved wages and conditions for the employees covered by the agreement. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that would have an adverse effect on the employees.

The Fair Work Commission approved the proposed agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act. The Commission made orders approving the agreement, with the modifications, and directing that the agreement be registered with the Australian Industrial Relations Commission. The employer and the union were directed to take all necessary steps to give effect to the agreement, including by providing copies of the agreement to the employees covered by the agreement.

The Fair Work Commission's decision provides guidance to employers and unions on the requirements for approving enterprise agreements under the Fair Work Act. The decision confirms that the Commission will consider whether an agreement is a genuine enterprise agreement and whether it meets the better-off-overall test when deciding whether to approve an agreement. The decision also highlights the importance of ensuring that enterprise agreements do not contain terms that are contrary to public policy or that would have an adverse effect on employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established