DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BSE Cairns Slipways Pty Ltd T/A Cairns Slipways
(AG2016/7262)

CAIRNS SLIPWAYS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 JANUARY 2017

Application for approval of the Cairns Slipways Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Slipways 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 BSE Cairns Slipways Pty Ltd T/A Cairns Slipways. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 January 2017 and, in accordance with s.54, will operate from 19 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, BSE Cairns Slipways Pty Ltd trading as Cairns Slipways, applied to the Fair Work Commission for approval of the Cairns Slipways Enterprise Agreement 2016. The application arose from a dispute regarding the terms and conditions of employment for the workers covered by the agreement. The matter was heard by Deputy President C. F. Wilson.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary minimum terms, did not disadvantage any employee in a way contrary to public policy, and was made in good faith and without coercion. Additionally, the court had to consider the fairness of the agreement in terms of its impact on the employees and the balance of interests between the employer and employees.

In examining the agreement, the court found that it contained the minimum terms required by the Fair Work Act and did not disadvantage any employee contrary to public policy. The court was satisfied that the agreement was made in good faith and without coercion, and that it represented a fair outcome for both the employer and employees. The evidence showed that the agreement was the result of genuine negotiations and provided for a reasonable balance of interests. The court concluded that the agreement met all statutory requirements for approval and was in the best interests of the employees.

Accordingly, the court approved the Cairns Slipways Enterprise Agreement 2016. The agreement now constitutes the terms of employment for the workers covered by it, and will remain in force until superseded by a new agreement or terminated in accordance with its terms. The decision of the court is final and binding on the parties.

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