DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCE Materials Pty Limited
(AG2019/99)

SCE MATERIALS ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 19 MARCH 2019

Application for approval of the SCE Materials Pty Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SCE Materials Pty Limited Enterprise 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 SCE Materials Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] It is unclear how the employer provided the notice of employee representational rights to the affected employees. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to even if a minor procedural error was made in relation to the requirements set out in sections 173 and 174 of the Act. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 26 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SCE Materials Pty Limited sought approval for their Enterprise Agreement 2018. The application was made in the Fair Work Commission, with the primary focus on whether the agreement met the necessary criteria for endorsement. The dispute centred around the specifics of the proposed terms and conditions of employment and their compliance with the Fair Work Act 2009.

The court was tasked with determining whether the agreement provided fair and reasonable terms of employment for the employees covered by it. Key issues included whether the agreement adequately covered all mandated topics, provided for fair remuneration and conditions, and ensured that the process for reaching the agreement was lawful and fair. The court also needed to consider whether the agreement complied with the public interest test, which requires that the terms do not unduly harm the public interest.

In its reasoning, the court found that the agreement generally provided fair and reasonable terms of employment, as it covered all required topics and included provisions for fair remuneration and conditions. The process for reaching the agreement was deemed lawful and fair, and there was no evidence that the terms would unduly harm the public interest. Consequently, the court approved the Enterprise Agreement 2018.

The final orders of the court were that the Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. This approval ensures that the terms and conditions set out in the agreement are legally enforceable between the employer and the employees.

SCE Materials Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established