DECISION

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

SCA Qld Family Trust T/A SCA (QLD) Pty Ltd
(AG2019/1059)

SCA (QLD) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 JUNE 2019

Application for approval of the SCA (QLD) Pty Ltd Enterprise Agreement 2018.

[1] SCA Qld Family Trust T/A SCA (QLD) Pty Ltd (SCA QLD) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the SCA (QLD) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On 19 June 2019 an undertaking was provided by SCA QLD to address concerns the Commission held in relation to the provision of the Agreement containing a definition of a shiftworker. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

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

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 28 June 2019. The nominal expiry date of the Agreement is 21 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by SCA Qld Family Trust T/A SCA (QLD) Pty Ltd for the approval of their Enterprise Agreement 2018. The dispute centred on whether the agreement complied with the relevant legislative requirements and if it provided fair terms for the employees. The Fair Work Commission was the body tasked with reviewing the application and determining whether to approve the agreement.

The legal issues before the court revolved around the compliance of the Enterprise Agreement 2018 with the Fair Work Act 2009, including whether the agreement was genuinely negotiated, the provision of minimum terms and conditions, and if it ensured a fair and equitable outcome for all employees. Additionally, the court needed to assess if the agreement adhered to the principles of procedural fairness and if it appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the Enterprise Agreement 2018 was genuinely negotiated and met the requirements of the Fair Work Act 2009. The court concluded that the agreement provided for the minimum terms and conditions as stipulated by the legislation and ensured a fair and equitable outcome for all parties. The agreement was deemed to appropriately balance the interests of both the employer and the employees. Consequently, the court approved the Enterprise Agreement 2018.

SCA Qld Family Trust T/A SCA (QLD) 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