Shape Australia Pty Ltd Summary

[2021] FWCA 6088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shape Australia Pty Ltd
(AG2021/7533)

SHAPE AUSTRALIA PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 OCTOBER 2021

Application for approval of the Shape Australia Pty Limited / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Shape Australia Pty Limited / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shape Australia Pty Ltd. 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 8 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Shape Australia Pty Ltd, the Fair Work Commission was tasked with approving a collective agreement between Shape Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2023. The agreement sought to regulate the terms and conditions of employment for employees within the specified industry sectors. The application for approval was brought forward by Shape Australia Pty Ltd, and the CFMEU supported the approval of the agreement. The Fair Work Commission examined the agreement to determine if it met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided for the fair and efficient resolution of workplace issues, adhered to the fundamental principles of enterprise bargaining, and whether the agreement was genuinely negotiated. Furthermore, the Commission had to consider whether the agreement met the requirements for individual rights and protections, as well as any potential adverse effects on the broader industrial relations system.

The Commission found that the agreement was fairly and efficiently negotiated, met the fundamental principles of enterprise bargaining, and contained provisions for the fair and efficient resolution of workplace issues. It also met the requirements for individual rights and protections. The Commission noted that the agreement included provisions for employee representation and consultation, and that it did not have any adverse effects on the broader industrial relations system. Consequently, the Commission approved the Shape Australia Pty Ltd / CFMEU Collective Agreement 2019-2023.

The Fair Work Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission's decision highlights the importance of ensuring that collective agreements are negotiated fairly, meet fundamental principles of enterprise bargaining, and provide for the fair and efficient resolution of workplace issues, while also protecting individual rights and not adversely affecting the broader industrial relations system.

Shape Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established