DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenck Process Australia Pty Ltd T/A Schenck Process Australia
(AG2018/1826)

SEA - SCHENCK PROCESS & UNION ENTERPRISE AGREEMENT WEST COAST 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 24 AUGUST 2018

Application for approval of the SEA - Schenck Process & Union Enterprise Agreement West Coast 2017.

[1] An application has been made for approval of an enterprise agreement known as the SEA - Schenck Process & Union Enterprise Agreement West Coast 2017 (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] Written undertakings have been given in accordance with s.190. 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Schenck Process Australia Pty Ltd, trading as Schenck Process Australia, applied for the approval of the Sea - Schenck Process & Union Enterprise Agreement West Coast 2017, which was submitted to the Fair Work Commission. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on the validity and fairness of the proposed enterprise agreement, which aimed to govern the employment terms and conditions for employees of Schenck Process Australia in Western Australia. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The primary legal issues before the Fair Work Commission were whether the agreement was a genuine enterprise agreement, whether it was properly negotiated, and whether it complied with the requirements of the Fair Work Act. The Commission had to ensure that the agreement was not only negotiated in good faith but also contained terms and conditions that were fair and reasonable. Additionally, the Commission assessed whether the agreement met the procedural fairness standards, including the provision of relevant information to the employees and the opportunity for proper consultation.

The Fair Work Commission, after considering the submissions and evidence presented by the parties, found that the proposed agreement was a genuine enterprise agreement that was negotiated in good faith. The Commission determined that the agreement contained terms and conditions that were fair and reasonable for the employees, and it complied with the procedural fairness standards. The Commission also found that the agreement met all the requirements of the Fair Work Act, including the provision of relevant information to the employees and the opportunity for proper consultation. As a result, the Fair Work Commission approved the Schenck Process & Union Enterprise Agreement West Coast 2017.

The Fair Work Commission's final orders included the approval of the Schenck Process & Union Enterprise Agreement West Coast 2017, which would now govern the employment terms and conditions for the employees of Schenck Process Australia in Western Australia. The agreement was to be registered under the Fair Work Act, and the parties were directed to take all necessary steps to implement the agreement. The Commission also ordered that the agreement would be in effect from the date of the decision and would remain in force until superseded by a new agreement or terminated in accordance with the provisions of the Fair Work Act.

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