DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scarchi & Boston Pty Ltd
(AG2016/6401)

SCARCHI & BOSTON PTY LTD ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the Scarchi & Boston Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Scarchi & Boston Pty Ltd 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 Scarchi & Boston Pty Ltd. 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] The Agreement was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 12 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, the employer Scarchi & Boston Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondent, the union, opposed the application, arguing that the agreement did not meet the "better off overall test" as outlined in the Act. The case was heard in the Fair Work Commission.

The central issue before the Commission was whether the proposed enterprise agreement provided terms and conditions for employees that were at least as good as those provided by the relevant award or registered agreement, taking into account all benefits and detriments to the employees. The Commission had to assess if the agreement met the statutory criteria for approval.

In its decision, the Commission noted that the proposed agreement contained a range of terms and conditions, some of which were better than those in the applicable award, while others were less favourable. The Commission carefully weighed all the evidence and submissions from both parties, including expert evidence from both the employer and the union. Ultimately, the Commission found that the overall effect of the agreement was to provide employees with terms and conditions that were at least as good as those provided by the award, thereby satisfying the better off overall test.

The Commission approved the application for the enterprise agreement to be registered, allowing it to come into effect. The union's objections were dismissed, and the agreement was registered under the Fair Work Act.

Scarchi & Boston 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