DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5323)

SHELLBAY STONES INTERNATIONAL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Shellbay Stones International Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Shellbay Stones International Pty Ltd / CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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. 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of a collective agreement between Shellbay Stones International Pty Ltd and the union. The agreement was entered into for the purpose of regulating the terms and conditions of employment of the union’s members. The applicant submitted that the agreement was made in good faith and was not contrary to the public interest. The employer opposed the application, asserting that the agreement was not fairly and reasonably made and was likely to be contrary to the public interest.

The Commission was required to consider whether the agreement was fairly and reasonably made in all its circumstances and whether it was contrary to the public interest. The Commission noted that the agreement contained a number of provisions that were likely to be contrary to the public interest, including provisions that restricted the employer’s ability to hire labour and provisions that provided for an increase in wages and conditions for employees. However, the Commission also noted that the agreement contained provisions that were in the public interest, including provisions that provided for the protection of employees’ health and safety.

The Commission concluded that, on balance, the agreement was fairly and reasonably made and was not contrary to the public interest. The Commission approved the agreement, subject to certain modifications.

The employer was ordered to give written notice of the approved agreement to all affected employees within 14 days of the decision. The employer was also ordered to take all necessary steps to give effect to the approved agreement. The employer was further ordered to pay the applicant’s costs of the application.

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