Shearwall Pty Ltd Summary

[2024] FWCA 69

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shearwall Pty Ltd

(AG2023/4668)

SHEARWALL PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 8 JANUARY 2024

Application for approval of the Shearwall Pty Ltd/CFMEU South Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Shearwall Pty Ltd /CFMEU South Australia Enterprise Agreement 2023 (Agreement). The application was made by Shearwall Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Shearwall Pty Ltd, a construction company, applied for approval of the 2023 Enterprise Agreement with the CFMEU South Australia. The agreement covered employees of Shearwall Pty Ltd who were members of the CFMEU South Australia. The company sought approval under the Fair Work Act 2009, asserting that the agreement met the criteria for registration, including good faith bargaining and the absence of unfair content. The CFMEU South Australia supported the application, asserting that the agreement was fairly negotiated and beneficial to the employees.

The legal issues before the Commission were whether the agreement was made in good faith, whether it contained only fair content, and whether it complied with the requirements for registration under the Act. The Commission examined the process of bargaining, the fairness of the terms, and whether any terms were contrary to public policy or unfair to employees. The company argued that the agreement reflected a fair and reasonable outcome of the bargaining process, while the CFMEU South Australia provided evidence of the negotiation process and the benefits to employees.

The Commission found that the agreement was made in good faith and contained only fair content. The Commission noted the thoroughness of the bargaining process and the evidence provided by both parties. The terms of the agreement were deemed to be reasonable and fair, with no provisions found to be contrary to public policy or unfair to employees. The Commission was satisfied that the agreement met all the statutory requirements for registration under the Fair Work Act 2009.

The Fair Work Commission approved the Shearwall Pty Ltd/CFMEU South Australia Enterprise Agreement 2023, determining that it was appropriately negotiated and contained fair terms. The agreement was registered, effective from the date of the decision, providing a legally binding framework for the employment relationship between Shearwall Pty Ltd and its employees covered by the agreement.

Shearwall Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established