The Shell Company of Australia Limited Summary

[2013] FWCA 7916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Shell Company of Australia Limited
(AG2013/10694)

SHELL AVIATION OPERATIONS - BRISBANE AIRPORT JUHI ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 OCTOBER 2013

Application for approval of the Shell Aviation Operations - Brisbane Airport JUHI Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shell Aviation Operations - Brisbane Airport JUHI Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Shell Company of Australia Limited. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2013. The nominal expiry date will be 8 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shell Company of Australia Limited applied to the Fair Work Commission for approval of the Shell Aviation Operations - Brisbane Airport JUHI Enterprise Agreement 2013. The dispute arose from negotiations between the employer and the Australian Licensed Aircraft Engineers Association, which represents the employees. The Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the employees' pay and conditions of employment in a manner that was fair and reasonable, and whether it complied with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement had been made in good faith, and whether it provided for the protection of employees' rights. The Commission examined the evidence and submissions from both parties to determine whether the agreement met these criteria.

The Fair Work Commission determined that the agreement was fair and reasonable, and met the legal standards for approval. The Commission found that the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, and that it complied with the provisions of the Fair Work Act. The Commission also found that the agreement had been made in good faith, and that it provided for the protection of employees' rights. The Commission approved the agreement and made an order accordingly.

The final order of the Fair Work Commission was that the Shell Aviation Operations - Brisbane Airport JUHI Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement will now be registered and will apply to the employees covered by it. The employees will be entitled to the pay and conditions set out in the agreement, and their employer will be required to comply with the terms of the agreement.

The Shell Company of Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established