DECISION

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

SCA
(AG2018/5570)

SCA EMPLOYEE COLLECTIVE AGREEMENT 2018

Security services
COMMISSIONER RIORDAN	SYDNEY, 3 APRIL 2019

Application for approval of the SCA Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SCA Employee Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SCA. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 1 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Chief Executive Officer, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 3 April 2023.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the employer, SCA, to have the SCA Employee Collective Agreement 2018 approved under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC), which has the authority to register such agreements. The dispute arose as the union representing the employees contested the terms of the agreement, leading to a hearing before the FWC to determine the validity and appropriateness of the agreement.

The legal issues before the FWC encompassed whether the agreement met the statutory requirements for approval, including whether it had been genuinely negotiated between the employer and the union, whether it contained the necessary provisions as stipulated by the Act, and whether it adhered to the principles of procedural fairness. Furthermore, the court had to consider whether the terms of the agreement were consistent with the overarching objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relationships.

The FWC, after examining the evidence and submissions from both parties, concluded that the agreement was indeed the product of genuine bargaining and contained all the mandatory provisions required by the Fair Work Act. The commission found that the agreement had been negotiated in good faith and was fair and reasonable, taking into account the interests of both employees and the employer. The FWC also determined that the agreement complied with the principles of procedural fairness and did not contravene any provisions of the Act. Consequently, the FWC approved the agreement, finding it to be in the best interests of the employees and the employer.

The final orders of the FWC were that the SCA Employee Collective Agreement 2018 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be binding on all parties, and any disputes arising from its interpretation or application would be subject to the procedures set out in the Act.

SCA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established