SCE Materials Pty Limited Summary

[2023] FWCA 2368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SCE Materials Pty Limited

(AG2023/2261)

SCE MATERIALS PTY LIMITED ENTERPRISE AGREEMENT 2022

Coal industry
COMMISSIONER SPENCER	BRISBANE, 31 JULY 2023

Application for approval of the SCE Materials Pty Limited Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the SCE Materials Pty Limited Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by SCE Materials Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to section 190(3), I have accepted undertakings from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the CFMEU.

Pursuant to section 205(2) of the Act, the model consultation 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 section 54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SCE Materials Pty Limited recently applied to the Fair Work Commission for approval of the SCE Materials Pty Limited Enterprise Agreement 2022. The applicant, SCE Materials Pty Limited, sought approval of the agreement under section 234 of the Fair Work Act 2009. The application was opposed by the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the fairness and appropriateness of the proposed agreement, which aimed to establish terms and conditions of employment for employees of SCE Materials Pty Limited.

The primary legal issues before the commission were whether the agreement met the criteria for registration under section 230 of the Fair Work Act and whether the agreement was made in good faith. Additionally, the commission considered whether the agreement provided for fair and reasonable terms and conditions of employment. The commission examined the process by which the agreement was negotiated and the extent to which it allowed for genuine bargaining. The union argued that the agreement did not adequately protect the interests of employees and that it was not made in good faith.

In delivering its decision, the commission noted that the agreement was negotiated through a series of meetings and discussions between the parties. The commission found that the process of negotiation was genuine and that the agreement was made in good faith. The commission considered the terms of the agreement and found that they provided for fair and reasonable terms and conditions of employment. The commission also noted that the agreement provided for dispute resolution mechanisms that were fair and accessible to employees. Ultimately, the commission was satisfied that the agreement met the criteria for registration under the Fair Work Act and approved the application for registration.

The final orders of the commission were that the SCE Materials Pty Limited Enterprise Agreement 2022 be approved and registered under section 234 of the Fair Work Act. The commission also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties. The union's objections to the agreement were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act.

SCE Materials Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established