DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/35)

SCHENCK PROCESS AUSTRALIA (SUNSHINE) EMPLOYEE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 2 MARCH 2017

Application for approval of the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2017. The nominal expiry date of the Agreement is 8 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties to the proceedings were the National Union of Workers and Schenck Process Australia Pty Ltd. The dispute was an application by the union for the Fair Work Commission to approve the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2016. The matter was heard in the Federal Circuit and Family Court of Australia.

The key legal issues before the court were whether the enterprise agreement was genuinely negotiated and whether it met the minimum standards of the Fair Work Act 2009. The union argued that the agreement was genuinely negotiated and complied with all relevant minimum standards. Schenck Process Australia Pty Ltd contended that the agreement did not meet certain minimum standards and was not genuinely negotiated.

The court examined the evidence and submissions from both parties. It found that the agreement was genuinely negotiated and contained all the prescribed minimum terms and conditions. The court was satisfied that the agreement met all minimum standards and was therefore approved. The court emphasised the importance of genuine negotiation and compliance with minimum standards in enterprise agreements.

The final orders of the court were that the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established