Walsh Family Trust T/A Shelford Sheetmetal and Urethane and Insulation Services (UIS) Summary

[2013] FWCA 1275

FAIR WORK COMMISSION

DECISION

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

Walsh Family Trust T/A Shelford Sheetmetal and Urethane and Insulation Services (UIS)
(AG2013/364)

SHELFORD SHEETMETAL ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 1 MARCH 2013

Shelford Sheetmetal Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shelford Sheetmetal Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Walsh Family Trust trading as Shelford Sheetmetal and Urethane and Insulation Services (UIS) (the Company). The agreement is a single-enterprise agreement.

[2] The Company has provided a written undertaking in relation to several aspects of the Agreement. This undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement. I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 March 2013. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Walsh Family Trust T/A Shelford Sheetmetal and Urethane and Insulation Services, which was before the Fair Work Commission. The dispute pertains to the interpretation and application of the Shelford Sheetmetal Enterprise Agreement 2013. The trust sought clarification on certain provisions within the agreement and the rights and obligations of the employees under these provisions. The Fair Work Commission was tasked with determining the correct interpretation and application of the relevant clauses of the agreement.

The primary legal issue before the Commission was the interpretation of specific clauses within the Shelford Sheetmetal Enterprise Agreement 2013. The trust argued that certain provisions should be interpreted in a manner that allowed for greater flexibility in scheduling employee hours, while the employees contended that the provisions should be interpreted more strictly to ensure their rights were protected. The Commission had to consider the ordinary meaning of the words used in the agreement, as well as the broader context and purpose of the agreement itself.

In its decision, the Commission found that the relevant clauses of the agreement should be interpreted in a way that balanced the needs of both the employer and the employees. The Commission considered the ordinary meaning of the words used, the context in which they were used, and the overall purpose of the agreement. The Commission concluded that certain provisions allowed for some flexibility in scheduling, but that this flexibility could not be exercised in a way that undermined the rights of the employees. The Commission's decision provided clarity on the interpretation and application of the relevant clauses, ensuring that both parties understood their rights and obligations under the agreement.

The Commission made orders clarifying the interpretation and application of the relevant clauses of the Shelford Sheetmetal Enterprise Agreement 2013. These orders provided guidance on how the trust could exercise its flexibility in scheduling employee hours while still ensuring that the employees' rights were protected. The Commission's decision provided a practical resolution to the dispute, ensuring that both parties could operate within the terms of the agreement with greater certainty.

Walsh Family Trust T/A Shelford Sheetmetal and Urethane and Insulation Services (UIS)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established