DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shape Shopfitters Pty Ltd
(AG2019/460)

SHAPE SHOPFITTERS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2019

Application for approval of the Shape Shopfitters Pty Ltd Enterprise Agreement 2019

[1] Shape Shopfitters Pty Ltd has made an application for approval of an enterprise agreement known as the Shape Shopfitters Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 28 May 2019 and, in accordance with s 54, will operate from 4 June 2019. The nominal expiry date of the Agreement is 28 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved an application for the approval of the Shape Shopfitters Pty Ltd Enterprise Agreement 2019. The applicant, Shape Shopfitters, is an employer engaged in the shopfitting industry. The respondent, the Shop, Distributive and Allied Employees' Association (SDA), is a trade union representing the employees of Shape Shopfitters. The dispute centred on the terms of the proposed enterprise agreement, which the union and the employer had negotiated, and the union's request for certain amendments to better protect its members.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. This involved assessing whether the agreement provided for the employees' minimum entitlements, whether it was free from prohibited content, and whether it was certified without objections or made the subject of a no objections application. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and whether it promoted workplace harmony.

In its decision, the Commission first confirmed that the agreement provided for all of the employees' minimum entitlements, ensuring they were not worse off in terms of pay and conditions. The Commission then examined the content of the agreement and found it to be free from prohibited content, such as provisions that would undermine the operation of the national workplace relations system. The Commission also noted that the agreement had been made without objections by the union, which indicated that it was in the best interests of the employees. Furthermore, the Commission determined that the agreement promoted workplace harmony by establishing clear processes for the resolution of workplace disputes and providing for a cooperative working environment. Based on these findings, the Commission approved the Shape Shopfitters Pty Ltd Enterprise Agreement 2019.

The final orders of the Commission included the approval of the enterprise agreement, which would now apply to the employees of Shape Shopfitters. The agreement would remain in force until 30 June 2024, at which time it would be subject to further negotiations between the employer and the union. The Commission also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to the employer, the union, and each employee covered by the agreement.

Shape Shopfitters Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established