SC Engineering Pty Ltd

[2022] FWCA 3

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SC Engineering Pty Ltd

(AG2021/8775)

SC Engineering Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 4 JANUARY 2022

Application for approval of the SC Engineering Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the SC Engineering Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SC Engineering Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 11 January 2022. The nominal expiry date of the Agreement is 03 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SC Engineering Pty Ltd, sought approval of an Enterprise Agreement from the Fair Work Commission. The applicant and the respondents, the Construction, Forestry, Maritime, Mining and Energy Union and the United Voice, represented various employees within the applicant's business. The dispute centred on the terms and conditions of employment as outlined in the proposed Enterprise Agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval, particularly whether it complied with the provisions of the Fair Work Act 2009.

The primary legal issues addressed by the Commission involved whether the agreement was made in good faith, if it contained only permissible provisions, and whether it adhered to the procedural requirements set forth in the Act. This included scrutiny of the bargaining processes, the fairness of the terms, and compliance with any relevant modern awards or other instruments. The Commission also had to consider the representation of the parties and the process through which the agreement was negotiated.

After a comprehensive review, the Fair Work Commission found that the agreement was made in good faith and contained only permissible provisions. The Commission was satisfied with the procedural integrity of the bargaining process and the representation of the parties. The terms of the agreement were deemed fair, and it was concluded that the agreement did not contravene any provisions of the Act. Consequently, the Commission approved the Enterprise Agreement, determining that it was fit for registration.

The final orders of the Commission included the registration of the SC Engineering Pty Ltd Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be binding on all parties involved, and the Commission noted that any future disputes regarding its interpretation or application should be referred back to it for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established