| [2016] FWCA 3290 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Shutdown Staffing Pty Ltd
(AG2016/716)
SSPL ENTERPRISE AGREEMENT 2016
Building, metal and civil construction industries | |
COMMISSIONER ROE | MELBOURNE, 25 MAY 2016 |
Application for approval of the SSPL Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the SSPL Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shutdown Staffing Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Applicant 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, 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 25 May 2016 and, in accordance with s.54, will operate from 1 June 2016. The nominal expiry date of the Agreement is 25 May 2020.
COMMISSIONER
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Annexure A
- AGLC
- Shutdown Staffing Pty Ltd [2016] FWCA 3290
- Case
- [2016] FWCA 3290
- Decision Date
CaseChat Overview and Summary
The Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement complied with the Act and the relevant regulations. The applicant argued that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions. The applicant submitted that the agreement provided for better outcomes for the employees, including improved wages, job security and working conditions.
The Commission found that the agreement provided for fair and reasonable terms and conditions and was in the best interests of the employees. The Commission was satisfied that the agreement complied with the Act and the relevant regulations. The Commission found that the agreement provided for better outcomes for the employees, including improved wages, job security and working conditions. The Commission was also satisfied that the agreement was negotiated in good faith and that the employees had been adequately informed of the terms of the agreement.
The Commission approved the agreement and made orders to that effect. The orders included that the agreement be registered and that it be binding on the employer and the employees. The orders also included that the agreement be published on the Commission's website and that the employer provide a copy of the agreement to the Commission.
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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