Sherrin Hire Pty Ltd T/A Boom Sherrin Summary

[2013] FWCA 5996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sherrin Hire Pty Ltd T/A Boom Sherrin
(AG2013/2208)

BOOM SHERRIN DRIVERS, MECHANICAL & WORKSHOP PERSONNEL - VICTORIA AND TASMANIA ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 AUGUST 2013

Application for approval of the Boom Sherrin Drivers, Mechanical & Workshop Personnel - Victoria and Tasmania 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 - Victoria and Tasmania Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 28 August 2013. The nominal expiry date of the Agreement is 27 August 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the case of Sherrin Hire Pty Ltd T/A Boom Sherrin, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The employees were represented by the United Voice union. The nature of the dispute centred around the terms of the Boom Sherrin Drivers, Mechanical & Workshop Personnel - Victoria and Tasmania Enterprise Agreement 2013-2016, which proposed various changes to the employees' working conditions, including wages, hours of work, and leave entitlements. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved ensuring the agreement complied with the procedural and substantive provisions of the Act. Procedurally, the Commission needed to confirm that the agreement had been genuinely negotiated and that the necessary steps had been taken to inform employees and provide them with an opportunity to vote on the agreement. Substantively, the Commission had to assess whether the terms of the agreement were consistent with the provisions of the Fair Work Act, including whether they provided for a safety net of minimum terms and conditions and did not undermine the operation of the national workplace relations system.

The Commission found that the agreement had been genuinely negotiated and that the required procedures had been followed. It noted that the agreement included provisions for minimum wages, penalty rates, and leave entitlements, which aligned with the safety net provisions of the Act. The Commission also considered the economic and non-economic factors relevant to the agreement, including the nature of the industry, the bargaining positions of the parties, and the terms of any relevant awards or agreements. After careful consideration, the Commission determined that the agreement met all legal requirements and approved it, effective from the date specified in the agreement.

Consequently, the Fair Work Commission granted approval for the Boom Sherrin Drivers, Mechanical & Workshop Personnel - Victoria and Tasmania Enterprise Agreement 2013-2016. This decision confirmed the agreement as a binding contract between the employer and the employees, outlining the terms and conditions of employment for the specified period. The approval ensures that the agreement provides a fair and reasonable framework for the working relationship between the parties, in line with the statutory protections and obligations under the Fair Work Act.

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