DECISION

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

Shoalhaven Escavations & Plant Hire Pty Ltd
(AG2015/479)

SHOALHAVEN EXCAVATION & PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 APRIL 2015

Application for approval of the Shoalhaven Excavation & Plant Hire Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Shoalhaven Excavation & Plant Hire Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shoalhaven Excavations & Plant Hire Pty Ltd (the Applicant). 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 (the 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 Fair Work Commission (FWC) received correspondence dated 7 April 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Company Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 April 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between Shoalhaven Excavations & Plant Hire Pty Ltd and its employees. The employees were represented by the Transport Workers Union of Australia. The company sought approval for an agreement that would cover its workers for the period of 2014 to 2018. The legal issues before the FWC were whether the agreement complied with the necessary legislative requirements, whether it was made in good faith, and whether it provided for fair and reasonable terms and conditions of employment.

The FWC examined the agreement to ensure it met the criteria set out in the Fair Work Act 2009. The Commission noted that the agreement contained standard terms and conditions, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The FWC found that the agreement was made in good faith, as it was the result of genuine negotiations between the parties. The FWC also found that the agreement provided for fair and reasonable terms and conditions of employment, as it did not disadvantage the employees and provided for appropriate protections and entitlements.

Following its analysis, the FWC approved the Shoalhaven Excavation & Plant Hire Pty Ltd Enterprise Agreement 2014-2018, determining that it met the necessary requirements under the Fair Work Act 2009. The approval of the agreement ensures that the employees of Shoalhaven Excavations & Plant Hire Pty Ltd will be covered by the agreed terms and conditions for the specified period. The decision reinforces the importance of fair and reasonable enterprise agreements in promoting harmonious industrial relations.

Shoalhaven Escavations & Plant Hire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established