DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shriro Australia Pty Limited
(AG2017/2424)

SHRIRO, VICTORIA ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2017

Application for approval of the SHRIRO, Victoria Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SHRIRO, Victoria Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shriro Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 August 2017 and, in accordance with s.54, will operate from 10 August 2017. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Shriro Australia Pty Limited, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The dispute centred around the application for approval of the SHRIRO, Victoria Enterprise Agreement 2017. The Fair Work Commission was the tribunal tasked with approving the enterprise agreement.

The legal issues that the tribunal was required to decide involved whether the enterprise agreement was fairly and properly formed and if it met the criteria for approval under the Fair Work Act 2009. Key points of contention included the union's representation of the employees, the process through which the agreement was negotiated, and whether the agreement contained provisions that were contrary to public policy.

The tribunal found that the union had appropriately represented the employees and that the negotiation process had been fair and proper. It was determined that the agreement did not contain any provisions that were contrary to public policy. Consequently, the tribunal approved the SHRIRO, Victoria Enterprise Agreement 2017, confirming its validity and enforceability. The decision was made in line with the statutory requirements and the principles of fairness and good faith.

The tribunal issued orders approving the enterprise agreement, thereby resolving the dispute between the parties. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms and conditions.

Shriro Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established