DECISION

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

Shorform Construction Pty Ltd T/A Shorform Construction
(AG2015/1223)

SHORFORM CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 JUNE 2015

Application for approval of the Shorform Construction Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shorform Construction Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shorform Construction Pty Ltd T/A Shorform Construction. 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 20 June 2015. The nominal expiry date of the Agreement is 19 June 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shorform Construction Pty Ltd, trading as Shorform Construction, applied for the approval of the Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, including wages, hours of work, and dispute resolution mechanisms. The key legal issues were whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning the coverage of employees, procedural fairness, and the provision of adequate protections.

The Fair Work Commission examined the proposed agreement to determine if it complied with the statutory provisions for enterprise agreements. The Commission considered the scope of the agreement, whether it was made with appropriate employee representation, and whether it provided fair and reasonable terms. Additionally, the Commission evaluated the procedural fairness of the bargaining process and whether the agreement contained adequate dispute resolution provisions. The Commission also assessed whether the agreement provided fair compensation and conditions for employees.

Upon review, the Fair Work Commission found that the proposed agreement met the statutory requirements. The agreement was deemed to cover the appropriate employees, was made with adequate representation, and provided fair and reasonable terms. The Commission concluded that the bargaining process was procedurally fair and that the agreement included sufficient dispute resolution mechanisms. The Commission approved the Enterprise Agreement 2015, noting that it provided fair compensation and conditions for the employees involved.

The Fair Work Commission's final order was to approve the Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered and binding on the parties, ensuring that the terms and conditions set out in the agreement would govern the employment relationship moving forward.

Shorform Construction Pty Ltd T/A Shorform Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established