DECISION

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

Shutdown Staffing Pty Ltd T/A Readi
(AG2021/5042)

SSPL WA ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER HUNT	BRISBANE, 27 MAY 2021

Application for approval of the SSPL WA Enterprise Agreement 2021.

[1] Shutdown Staffing Pty Ltd T/A Readi (the Employer) has applied for approval of an enterprise agreement known as the SSPL WA Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from any bargaining representative to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2021. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the case of Shutdown Staffing Pty Ltd trading as Readi, the applicant sought approval of its 2021 Western Australia Enterprise Agreement from the Fair Work Commission. The applicant aimed to have the agreement recognised as an enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, specifically regarding the coverage of employees and the proper negotiation process.

The court had to determine whether the agreement was genuinely negotiated and whether it contained the necessary provisions as stipulated by the Fair Work Act. Additionally, the court needed to verify that the agreement had been properly certified by an independent certifier and that it was applicable to the intended employees.

The Fair Work Commission examined the evidence presented regarding the negotiation process and the agreement's content. It considered whether the agreement was made in good faith and whether it contained the mandated minimum terms and conditions. The Commission also reviewed the certifier's role and the coverage of the agreement. Ultimately, the court found that the agreement was genuinely negotiated, contained the necessary provisions, and was properly certified. Therefore, the applicant's request for approval was granted.

As a result, the 2021 Western Australia Enterprise Agreement for Shutdown Staffing Pty Ltd trading as Readi was approved and recognised as a valid enterprise agreement under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment terms and conditions for the specified employees, providing a clear framework for the employer and employees.

Shutdown Staffing Pty Ltd T/A Readi

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established