Schenck Process Australia Pty Ltd T/A Schenck Process Australia Summary

[2014] FWCA 4084

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
(AG2014/6284)

SEA - SCHENCK PROCESS & UNION ENTERPRISE AGREEMENT WEST COAST 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 JUNE 2014

Application for approval of the SEA - Schenck Process & Union Enterprise Agreement West Coast 2014.

[1] An application has been made for approval of an enterprise agreement known as the SEA - Schenck Process & Union Enterprise Agreement West Coast 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schenck Process Australia Pty Ltd, trading as Schenck Process Australia, sought approval for the Schenck Process & Union Enterprise Agreement West Coast 2014. The Fair Work Commission was tasked with determining whether the proposed agreement was in the public interest. The application was brought forth by the employer, who was looking to formalise the terms and conditions of employment for the employees covered by the agreement. The legal issues before the court centred around whether the agreement complied with the Fair Work Act 2009 and whether it was in the public interest. The court needed to examine the contents of the agreement, the bargaining process, and the implications of approving the agreement for the employees and the employer.

The court examined the negotiation process and found that it was conducted in good faith, with the union and employer engaging in meaningful discussions. The court also assessed the contents of the agreement, considering various factors such as wages, working conditions, and dispute resolution mechanisms. The court determined that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. In addition, the court considered the broader public interest, such as the impact on the local economy and the potential for the agreement to promote industrial peace. The court was satisfied that the agreement would not have an adverse effect on the public interest and was in line with the objectives of the Fair Work Act.

The Fair Work Commission approved the Schenck Process & Union Enterprise Agreement West Coast 2014, finding that it was in the public interest. The court considered the fairness of the agreement, the negotiation process, and the potential impact on the public interest. The court was satisfied that the agreement would not have a detrimental effect on the public interest and was in line with the objectives of the Fair Work Act. The court's decision provides clarity for both the employer and employees regarding the terms and conditions of employment, and promotes industrial harmony in the region.

Schenck Process Australia Pty Ltd T/A Schenck Process Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established