Sherrin Hire Pty Ltd T/A Boom Sherrin Summary

[2013] FWCA 2979

FAIR WORK COMMISSION

DECISION

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

Sherrin Hire Pty Ltd T/A Boom Sherrin
(AG2013/1004)

BOOM SHERRIN DRIVERS, MECHANICAL & WORKSHOP PERSONNEL - SOUTH AUSTRALIA AND WESTERN AUSTRALIA - ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2013

Application for approval of the Boom Sherrin Drivers Mechanical & Workshop Personnel - South Australia and Western Australia - 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 - South Australia and Western Australia - 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] 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, in accordance with s.54 of the Act, will operate from 21 May 2013. The nominal expiry date of the Agreement is 20 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sherrin Hire Pty Ltd, trading as Boom Sherrin, applied to the Fair Work Commission for approval of their Enterprise Agreement with Drivers, Mechanical & Workshop Personnel in South Australia and Western Australia for the period 2013-2016. The application was contested by the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically the parties' differing views on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court had to determine if the enterprise agreement complied with the statutory criteria for approval, including whether it facilitated the improvement of workplace relations, provided for the fair and efficient determination of terms and conditions of employment, and did not undermine the protection of employees' rights. Additionally, the court needed to consider whether the agreement provided for the fair and efficient resolution of disputes between the employer and the employees.

The Fair Work Commission approved the enterprise agreement, finding it met the statutory requirements. The court considered the agreement facilitated improved workplace relations and provided for the fair and efficient determination of terms and conditions of employment. The court also found that the agreement did not undermine the protection of employees' rights and provided for the fair and efficient resolution of disputes. The CFMEU's objections were dismissed, and the application for approval was granted.

Sherrin Hire Pty Ltd T/A Boom Sherrin

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established