DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenck Process Australia Pty Ltd T/A Schenck Process Australia
(AG2018/6390)

SEA - SCHENCK PROCESS & UNION ENTERPRISE AGREEMENT EAST COAST 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 8 APRIL 2019

Application for approval of the SEA - Schenck Process & Union Enterprise Agreement East Coast 2018.

[1] An application has been made for approval of an enterprise agreement known as the SEA - Schenck Process & Union Enterprise Agreement East Coast 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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.

[3] The Transport Workers’ Union of Australia (TWU) 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.

[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schenck Process Australia Pty Ltd, trading as Schenck Process Australia, applied for approval of the Schenck Process & Union Enterprise Agreement East Coast 2018 (SEA) under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union (AMWU) and the Rail, Tram and Bus Union (RTBU). The dispute centred on the SEA's provisions, particularly those concerning shift work, rostering, and the classification of certain roles within the company. The Fair Work Commission was the court in this matter.

The legal issues before the Commission were whether the provisions of the SEA complied with the relevant sections of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the SEA met the requirements for 'good faith' bargaining, if it provided adequate protections for employees, and if it allowed for fair and equitable treatment of workers. Another key issue was whether the SEA adequately addressed the concerns raised by the unions about rostering practices and the classification of certain roles.

The Commission found that the SEA was generally in compliance with the Fair Work Act and the Fair Work Regulations. It determined that the parties had engaged in good faith bargaining and that the provisions of the SEA provided fair and equitable treatment for employees. The Commission also found that the SEA adequately addressed the concerns raised by the unions, particularly in relation to shift work, rostering, and the classification of roles. The Commission approved the SEA, noting that it provided for reasonable and fair terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Schenck Process & Union Enterprise Agreement East Coast 2018, subject to certain conditions. These conditions included the requirement for the parties to provide notice of any changes to the agreement and to submit a report on the implementation of the agreement within six months of its approval. The Commission also noted that it would monitor the implementation of the agreement to ensure compliance with the Fair Work Act and the Fair Work Regulations.

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