DECISION

Fair Work Act 2009
s.185—Enterprise agreement

F & A Scarcella Pty Ltd
(AG2015/3863)

SCARCELLA ENTERPRISE BARGAINING AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 22 JULY 2015

Application for approval of the Scarcella Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Scarcella Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by F & A Scarcella Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 29 July 2015. The nominal expiry date is 21 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involves an application for approval of an enterprise bargaining agreement between F & A Scarcella Pty Ltd and its employees, as represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission (FWC). The dispute centres on whether the agreement, which contains provisions concerning employee representation, is fair and reasonable in terms of the criteria set out in the Fair Work Act 2009 (Cth). Specifically, the application sought to determine if the agreement’s provisions regarding the role of employee representatives and the process for resolving disputes were compliant with the statutory requirements.

The court had to decide whether the provisions in the agreement that specify the roles of employee representatives and the dispute resolution mechanisms were fair and reasonable. This involved examining if the agreement provided adequate protection for employees, balanced the interests of both parties, and aligned with the broader principles of the Fair Work Act. The court needed to consider the nature of the provisions, their implications for the employees and the employer, and whether they were consistent with the statutory criteria for fairness and reasonableness.

In rendering its decision, the FWC found that the provisions of the agreement were fair and reasonable. The court concluded that the agreement adequately protected employees' interests, provided a balanced framework for dispute resolution, and aligned with the principles of the Fair Work Act. The FWC emphasised the importance of the agreement’s provisions in ensuring effective representation and a fair process for resolving disputes. As a result, the application for approval was granted, and the enterprise bargaining agreement was registered.

The final orders of the court included the approval and registration of the Scarcella Enterprise Bargaining Agreement 2015, confirming its compliance with the statutory requirements for fairness and reasonableness. The decision ensures that the agreement will be legally binding between the parties and provides a clear framework for future employment relations between F & A Scarcella Pty Ltd and its employees.

F & A Scarcella 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