Shadbolt Group Pty Ltd

[2025] FWCA 568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shadbolt Group Pty Ltd

(AG2025/234)

AMWU & SHADBOLT GROUP METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 13 FEBRUARY 2025

Application for approval of the AMWU & Shadbolt Group Metal & Engineering On-Site Construction Agreement 2025

An application has been made for approval of an enterprise agreement known as the AMWU & Shadbolt Group Metal & Engineering On-Site Construction Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Shadbolt Group Pty Ltd. The Agreement is a single enterprise greenfields agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 2.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was made by Shadbolt Group Pty Ltd and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU). That means the Agreement covers the AMWU in accordance with s.53(2)(b) of the FW Act.

The Agreement is approved and will operate from 20 February 2025 in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 20 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of an enterprise agreement between the Australian Manufacturing Workers' Union (AMWU) and Shadbolt Group Pty Ltd. The agreement in question, titled the AMWU & Shadbolt Group Metal & Engineering On-Site Construction Agreement 2025, was submitted for endorsement by the Fair Work Commission. The legal issues central to the case pertained to whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically regarding the process for its approval and the extent to which it complied with the Act's provisions on minimum entitlements and bargaining.

The court examined the procedural aspects of the application, including the proper notification to affected employees and the fairness of the agreement's terms. It was necessary to determine if the agreement was genuinely negotiated between the parties and if it adequately covered the required minimum terms and conditions as outlined by the Fair Work Act. Additionally, the court needed to consider whether the agreement met the criteria for being deemed "in the public interest" and if it adhered to the fundamental principles of good faith bargaining.

In reaching its decision, the court found that the application complied with the statutory requirements for enterprise agreement approval. The court determined that the AMWU and Shadbolt Group had engaged in good faith bargaining and that the agreement was fairly negotiated. It was also confirmed that the agreement met the statutory minimum entitlements and did not disadvantage employees. The court concluded that the agreement was in the public interest and should be approved, thereby endorsing the application for the AMWU & Shadbolt Group Metal & Engineering On-Site Construction Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established