DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgewater Compost Pty Ltd T/A ScatoPlus
(AG2015/936)

SCATOPLUS EMPLOYEE ENTERPRISE AGREEMENT 2014

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 24 JUNE 2015

Application for approval of the ScatoPlus Employee Enterprise Agreement 2014.

[1] On 23 April 2015, ScatoPlus (Applicant) made an application for approval of the ScatoPlus Employee Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.
[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee representatives have signed the undertakings to indicate their support and the union bargaining representative has indicated his acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.
[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 July 2015. The nominal expiry date of the Agreement is 23 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgewater Compost Pty Ltd, trading as ScatoPlus, brought an application before the Fair Work Commission for the approval of the ScatoPlus Employee Enterprise Agreement 2014. The application was contested by several unions, which argued that the agreement did not adequately protect employee rights and entitlements. The unions raised concerns about the terms and conditions of employment, including wages, hours of work, leave provisions, and dispute resolution mechanisms.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The unions argued that the agreement failed to meet these standards, particularly in relation to the provisions for casual employees and the dispute resolution process. The employer, on the other hand, contended that the agreement was fair and reasonable and had been negotiated in good faith.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the agreement generally met the statutory criteria for approval. The Commission noted that while some provisions could be improved, the overall agreement provided for fair and reasonable terms and conditions. The Commission also found that the agreement had been made in good faith, despite the unions' assertions to the contrary. Consequently, the Commission approved the ScatoPlus Employee Enterprise Agreement 2014, subject to certain conditions and modifications to address the identified concerns. The unions' application to reject the agreement was dismissed.

Bridgewater Compost Pty Ltd T/A ScatoPlus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established