DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Shell Sands Pty Ltd
(AG2015/5961)

WA SHELL SANDS PTY LTD UNION COLLECTIVE AGREEMENT 2015

Dredging industry
COMMISSIONER LEE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the WA Shell Sands Pty Ltd Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the WA Shell Sands Pty Ltd Union Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Shell Sands Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] 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.

[4] The Maritime Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WA Shell Sands Pty Ltd recently appeared before the Fair Work Commission, with the applicant seeking approval for the WA Shell Sands Pty Ltd Union Collective Agreement 2015. The primary dispute revolved around whether the terms of the proposed agreement complied with the Fair Work Act 2009 and adhered to the statutory requirements for a modern award. The Fair Work Commission was tasked with assessing the fairness and compliance of the agreement in accordance with the legislative framework governing workplace relations in Australia.

The central legal issues before the Commission involved determining if the collective agreement contained terms that were consistent with the principles of fairness and whether the agreement met the necessary statutory obligations. These included examining the procedural fairness of the negotiation process, assessing the terms of the agreement against the provisions of the Fair Work Act, and ensuring that the agreement did not unfairly disadvantage any party. Additionally, the Commission needed to verify that the agreement did not contravene any existing modern awards or other relevant legislation.

The Fair Work Commission deliberated on these issues by reviewing the negotiation process, evaluating the content of the proposed agreement, and considering submissions from both the applicant and the relevant unions. The Commission found that the negotiation process was conducted fairly and that the terms of the agreement were consistent with the principles of fairness. The Commission also determined that the agreement did not contravene any existing modern awards or relevant legislation. Consequently, the Commission approved the WA Shell Sands Pty Ltd Union Collective Agreement 2015, affirming its compliance with the Fair Work Act and its alignment with the statutory requirements for a modern award.

WA Shell Sands Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established