DECISION

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

BSE Cairns Slipways Pty Ltd T/A Cairns Slipways
(AG2020/621)

CAIRNS SLIPWAYS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 24 APRIL 2020

Application for approval of the Cairns Slipways Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by BSE Cairns Slipways Pty Ltd T/A Cairns Slipways (the Applicant) for approval of the Cairns Slipways Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 1 April 2020, raising concerns in relation to the Agreement.

[3] The Applicant filed submissions and undertakings addressing the concerns raised, on 8 April 2020.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers Union (AWU) were bargaining representatives for the Agreement, and have each filed Form F18s in this matter providing that it supports approval of the Agreement, and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU, the AMWU and the AWU.

[7] The Agreement is approved and, in accordance with clause 1.4.1 of the Agreement and s. 54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The application for approval of the Cairns Slipways Enterprise Agreement 2019 was heard in the Fair Work Commission. The applicant, BSE Cairns Slipways Pty Ltd trading as Cairns Slipways, sought approval for the proposed agreement, which was intended to govern the employment conditions of its employees. The dispute centred on the fairness and compliance of the proposed agreement with relevant legislative provisions.

The central legal issues before the court were whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009 and whether the agreement was procedurally sound in its creation. Specifically, the court had to consider whether the agreement was made in good faith and whether it met the "better off overall test" that mandates employees be no worse off financially under the terms of the agreement compared to their previous conditions.

In its reasoning, the Fair Work Commission examined the process by which the agreement was negotiated and concluded that the agreement was indeed made in good faith. The Commission noted that both parties engaged in meaningful negotiations, and the terms of the agreement reflected a fair and reasonable compromise. Additionally, the Commission found that the agreement satisfied the "better off overall test" as it provided employees with a mix of financial and non-financial benefits that outweighed any potential disadvantages. The procedural fairness was upheld as the agreement was properly presented to the employees, and they were given a reasonable opportunity to voice their concerns.

Ultimately, the Fair Work Commission approved the Cairns Slipways Enterprise Agreement 2019, affirming that it met all statutory requirements and was fair and reasonable in its terms. The Commission found no grounds to reject the application, and the agreement was thus endorsed for implementation.

BSE Cairns Slipways Pty Ltd T/A Cairns Slipways

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established