Shape Shopfitters Pty Ltd

[2023] FWCA 2325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shape Shopfitters Pty Ltd

(AG2023/2370)

SHAPE SHOPFITTERS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 26 JULY 2023

Application for approval of the Shape Shopfitters Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Shape Shopfitters Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Shape Shopfitters Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 9 June 2023 and the Agreement was made on 7 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 26 July 2023 and, in accordance with s.54 of the Act, will operate from 2 August 2023. The nominal expiry date of the Agreement is 25 July 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

In the matter of Shape Shopfitters Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement. The agreement in question, the Shape Shopfitters Pty Ltd Enterprise Agreement 2023, was proposed between the company and its employees. The nature of the dispute centred around whether the agreement met the necessary legal standards for approval, including fairness and compliance with the relevant industrial relations laws. The central legal issues involved assessing whether the agreement provided for fair and reasonable terms for the employees, and whether it complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The court considered various aspects of the agreement, including wage rates, working conditions, dispute resolution mechanisms, and procedural fairness. It examined whether the agreement contained provisions that were likely to lead to adverse economic, social, or industrial consequences, and whether it was negotiated in good faith. The court also evaluated the level of employee representation during the negotiation process and the extent to which the agreement addressed the needs and interests of the workforce. Ultimately, the court found that the agreement was fair and reasonable, and did not foresee any adverse consequences, thereby meeting the statutory requirements for approval.

Having carefully reviewed the evidence and submissions from both parties, the Fair Work Commission approved the Shape Shopfitters Pty Ltd Enterprise Agreement 2023. The agreement was deemed to provide fair and reasonable terms for the employees, and to comply with all necessary legal standards. The approval was based on the comprehensive nature of the agreement, its adherence to the principles of procedural fairness, and its alignment with the statutory requirements under the Fair Work Act 2009. This decision now allows the agreement to be implemented between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established