Shorelands Pty Ltd

Case [2015] FWCA 6817


[2015] FWCA 6817
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Shorelands Pty Ltd
(AG2015/3282)

SHORELANDS ENTERPRISE AGREEMENT 2015

Northern Territory

COMMISSIONER JOHNS

MELBOURNE, 1 OCTOBER 2015

Application for approval of the Shorelands Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shorelands Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). 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. In accordance with s.54(1) it will operate from 8 October 2015. The nominal expiry date of the Agreement is 8 October 2019.

COMMISSIONER

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Details
AGLC
Shorelands Pty Ltd [2015] FWCA 6817
Case
[2015] FWCA 6817
Decision Date

CaseChat Overview and Summary

Shorelands Pty Ltd recently appeared before the Fair Work Commission, where the applicant sought approval of the Shorelands Enterprise Agreement 2015. The agreement aimed to formalise the terms and conditions of employment for the company's employees. The nature of the dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved assessing whether the agreement provided for a fair and efficient workplace, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. It was also necessary to determine if the agreement had been made in good faith and whether it had been properly negotiated with appropriate representation from both employer and employee sides.

In delivering its decision, the Fair Work Commission examined the contents of the agreement in detail. The Commission found that the agreement complied with the statutory requirements, providing for fair and reasonable terms of employment, and adequately covered the minimum entitlements prescribed by the Act. The Commission was satisfied that the agreement had been negotiated in good faith and represented the interests of both parties. Consequently, the application for approval was granted, and the Shorelands Enterprise Agreement 2015 was approved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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