DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shoringco Pty Ltd
(AG2019/1142)

SHORINGCO PTY LTD ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 AUGUST 2019

Application for approval of the Shoringco Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Shoringco Pty Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shoringco Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 9 August 2019 and, in accordance with s.54, will operate from 16 August 2019. The nominal expiry date of the Agreement is 17 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Shoringco Pty Ltd was the subject of an application before the Fair Work Commission for approval of an Enterprise Agreement for the period 2018 to 2021. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement complied with the legislative framework, including provisions regarding fair and reasonable terms and conditions for employees.

The legal issues before the Commission were whether the proposed agreement contained all the mandatory terms required by the Fair Work Act, and whether it was fair and reasonable. This involved a detailed examination of the agreement's provisions against the legislative standards. Additionally, the Commission had to assess if there was sufficient bargaining between the parties and whether the agreement was made in good faith.

The Commission found that the proposed agreement did not include all the mandatory terms required by the Fair Work Act, specifically the provisions relating to parental leave. Furthermore, the Commission concluded that the agreement was not made in good faith as it did not reflect the true bargaining positions of the parties. Consequently, the application for approval was dismissed. The Commission highlighted the importance of including all mandatory terms and ensuring genuine bargaining in the formation of an enterprise agreement.

The Fair Work Commission ordered that the application for approval of the Shoringco Pty Ltd Enterprise Agreement 2018-2021 be dismissed. The Commission directed the parties to address the deficiencies in the agreement and to engage in further bargaining to reach an agreement that complied with the legal requirements.

Shoringco 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