DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6430)

SHAPE AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2018

Application for approval of the Shape Australia Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Shape Australia Pty Ltd / CFMEU Collective Agreement 2017-2018 (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, 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, 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 10 January 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

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Shape Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement for the period of 2017 to 2018. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the agreement provided for a fair and reasonable outcome for all employees, whether it complied with the relevant provisions of the Fair Work Act, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission had to consider whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Commission examined the terms of the agreement in detail, considering the specific needs and interests of both the employer and the employees. The Commission found that the agreement provided a balanced outcome that was fair and reasonable. It satisfied the legal requirements under the Fair Work Act and adhered to the principles of good faith bargaining. The Commission concluded that the agreement would likely promote harmonious and productive workplace relations, and therefore approved the collective agreement.

The Fair Work Commission approved the Shape Australia Pty Ltd / CFMEU Collective Agreement 2017-2018, finding it met the legal criteria for approval under the Fair Work Act.

Construction, Forestry, 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