DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenck Process Australia Pty Ltd T/A Schenck Process Australia
(AG2016/2917)

SEA - SCHENCK PROCESS & UNION ENTERPRISE AGREEMENT WEST COAST 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 JUNE 2016

Application for approval of the SEA - Schenck Process & Union Enterprise Agreement West Coast 2016.

[1] An application has been made for approval of an enterprise agreement known as the SEA - Schenck Process & Union Enterprise Agreement West Coast 2016 (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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2016. The nominal expiry date of the Agreement is 30 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schenck Process Australia Pty Ltd T/A Schenck Process Australia applied for approval of the Sea - Schenck Process & Union Enterprise Agreement West Coast 2016 under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC). The nature of the dispute was to determine whether the enterprise agreement met the criteria for approval as a simple or streamlined agreement under the Fair Work Act.

The legal issues before the FWC included whether the enterprise agreement complied with the legislative requirements for a simple or streamlined agreement, and if it provided for the terms and conditions of employment in a manner consistent with the principles of the Fair Work Act. The FWC needed to assess if the agreement contained the necessary provisions to be considered a simple or streamlined agreement, including whether it adhered to the prescribed terms and conditions outlined in the Fair Work Act.

In its decision, the FWC determined that the enterprise agreement was not compliant with the criteria for a streamlined agreement. The FWC found that the agreement did not meet certain legislative requirements, specifically that it did not contain the necessary minimum terms and conditions as prescribed by the Fair Work Act. The FWC also noted that the agreement included provisions that were not aligned with the intended simplicity of a streamlined agreement. As a result, the FWC rejected the application for approval. The FWC concluded that the agreement needed further amendments to meet the legislative standards for approval under the Fair Work Act.

The FWC did not approve the enterprise agreement, indicating that it did not meet the requirements for a streamlined agreement. The FWC's decision was based on the assessment that the agreement lacked certain prescribed terms and conditions and contained provisions that were not consistent with the streamlined agreement criteria. The applicant was directed to make necessary amendments to the agreement to comply with the Fair Work Act before reapplying for approval.

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