Schenck Process Australia Pty Ltd T/A Schenck Process Australia

[2020] FWCA 6254

[2020] FWCA 6254

FAIR WORK COMMISSION

DECISION

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

Schenck Process Australia Pty Ltd T/A Schenck Process Australia
(AG2020/3082)

SEA - SCHENCK PROCESS & UNION ENTERPRISE AGREEMENT WEST COAST 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 NOVEMBER 2020

SEA - Schenck Process & Union Enterprise Agreement West Coast 2020.

[1] Schenck Process Australia Pty Ltd T/A Schenck Process Australia has made an application for the approval of an enterprise agreement known as the SEA - Schenck Process & Union Enterprise Agreement West Coast 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 24 November and, in accordance with s 54, will operate from 1 December 2020. The nominal expiry date of the Agreement is 30 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509588  PR724759>

Attachment A