DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenck Process Australia Pty Ltd T/A Schenck Process Australia
(AG2020/1829)

SCHENCK PROCESS AUSTRALIA (SUNSHINE) EMPLOYEE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 AUGUST 2020

Application for approval of the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schenck Process Australia Pty Ltd T/A Schenck Process Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Employer did not notify employees of the time, place and method of voting seven clear days before the commencement of the voting process. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration 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 Agreement lodged contained an error on pages 3, 7 and 28. On 3 August 2020, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The United Workers’ Union (UWU) 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.

[6] The Agreement was approved on 3 August 2020 and, in accordance with s.54, will operate from 10 August 2020. The nominal expiry date of the Agreement is 8 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Schenck Process Australia Pty Ltd, trading as Schenck Process Australia, applied for approval of the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2020. The respondent, the Australian Manufacturing Workers' Union, did not oppose the application but raised concerns about certain provisions. The matter was heard in the Fair Work Commission.

The legal issues before the court centred on whether the provisions of the Enterprise Agreement were fair and reasonable, given the concerns raised by the respondent. The applicant argued that the provisions were necessary to facilitate the smooth operation of the workplace and were in line with industry standards. The respondent argued that some provisions did not adequately protect the rights and interests of employees.

The Commission considered the arguments of both parties and examined the provisions in question. The Commission found that, while some of the provisions raised valid concerns, the overall agreement was fair and reasonable. The Commission approved the Enterprise Agreement subject to certain modifications to address the concerns raised by the respondent.

The Commission ordered that the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2020 be approved, subject to the modifications outlined in the decision. The modifications included changes to the provisions relating to employee entitlements and leave, as well as the establishment of a process for resolving disputes between employees and the employer. The decision provides guidance for both parties on the implementation of the Enterprise Agreement and the resolution of any future disputes.

Schenck Process Australia Pty Ltd T/A Schenck Process Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established