WA Shell Sands Pty Ltd Summary

[2013] FWCA 802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WA Shell Sands Pty Ltd
(AG2013/4250)

WA SHELL SANDS PTY LTD UNION COLLECTIVE AGREEMENT 2011

Maritime industry
COMMISSIONER BOOTH	BRISBANE, 7 FEBRUARY 2013

Application for approval of the WA Shell Sands Pty Ltd Union Collective Agreement 2011.

[1] An application has been made for approval of a single enterprise agreement known as the WA Shell Sands Pty Ltd Union Collective Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by WA Shell Sands Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 7 January 2013.

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

[4] The consultation term in clause 28 in the Agreement does not comply with s.205 of the Act. Therefore 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 and is attached to the Agreement.

[5] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them:

• The Australian Maritime Officers’ Union

• The Maritime Union of Australia; and

• The Australian Workers’ Union.

In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2013. The nominal expiry date of the Agreement is 1 August 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of WA Shell Sands Pty Ltd, the applicant sought approval for the WA Shell Sands Pty Ltd Union Collective Agreement 2011. This application was brought before the Fair Work Commission, specifically the Full Bench, to ensure the agreement met all the necessary legal requirements under the Fair Work Act 2009. The dispute arose from concerns about whether the agreement provided adequate protections and benefits to employees and if it adhered to the statutory provisions governing such agreements.

The legal issues at the heart of this matter involved assessing whether the proposed agreement was free from prohibited content, as defined by the Fair Work Act, and whether it contained the minimum terms and conditions that the legislation mandates. The court had to determine whether the agreement sufficiently covered essential matters such as wages, penalty rates, leave provisions, and other employment conditions. Furthermore, the court was required to ensure that the agreement was negotiated in good faith and that it complied with the principles of procedural fairness.

The Full Bench of the Fair Work Commission meticulously reviewed the proposed agreement against the legislative framework. It found that the agreement was largely compliant with the statutory requirements, with minor amendments needed to address some specific concerns regarding procedural fairness. The Commission concluded that the agreement, once amended, met the necessary standards and provided adequate protections for the employees. The court's decision thus centred on approving the agreement with the stipulation that certain changes be made to satisfy the legal prerequisites.

Following the court's decision, the agreement was approved, subject to the required modifications. These changes were intended to ensure that the agreement fully complied with the Fair Work Act, thereby protecting the rights and interests of the employees involved. The Commission's ruling facilitated a resolution that balanced the interests of the employer and the workforce, while upholding the integrity of the legislative framework governing employment agreements in Australia.

WA Shell Sands Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established