DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5519)

SHELLBAY STONES INTERNATIONAL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Shellbay Stones International Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Shellbay Stones International Pty Ltd / CFMEU Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Shellbay Stones International Pty Ltd / CFMEU Collective Agreement 2018. The primary focus of the dispute was whether the proposed agreement, which sought to establish new employment terms and conditions for workers at Shellbay Stones, complied with the relevant provisions of the Fair Work Act 2009. The application was made under section 235 of the Act, which mandates that certain agreements must be approved by the Commission before they can be enforced.

The legal issues that the Commission had to address included whether the agreement was a "single interest" enterprise agreement as defined under the Act, and if it met the "better off overall test". This test requires that the agreement should be at least as good as the applicable award or previous agreement, and that no employee is worse off. Additionally, the Commission needed to consider whether the agreement complied with the "good faith" bargaining requirement, ensuring that the bargaining process was conducted without coercion, unfair tactics, or discrimination.

In its reasoning, the Commission found that the agreement did indeed constitute a single interest enterprise agreement. It also concluded that the agreement passed the better off overall test, as no employee would be disadvantaged under the new terms. The Commission was satisfied that the bargaining process had been conducted in good faith, with no evidence of coercion or unfair tactics. Therefore, the Commission approved the agreement, finding it to be fair and meeting the legislative requirements. This decision allows the agreement to be registered and enforced, providing a clear framework for the employment terms and conditions at Shellbay Stones going forward.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established