Schenck Process Australia Pty Ltd Summary

[2023] FWCA 311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schenck Process Australia Pty Ltd

(AG2022/5620)

SCHENCK PROCESS AUSTRALIA (SUNSHINE) EMPLOYEE ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 FEBRUARY 2023

Application for approval of the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Schenck Process Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Model consultation and flexibility clauses

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schenck Process Australia Pty Ltd applied for approval of the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2022. The applicant sought to have the agreement approved by the Fair Work Commission, as it was required to be approved under the Fair Work Act 2009. The application was made to the Commission as the applicant believed that the agreement satisfied the requirements of the Act and should be approved.

The legal issues before the Commission were whether the agreement was a “bargaining agreement” under section 231 of the Act, whether it contained the “protected action provisions” required by section 233 of the Act, and whether the agreement had been certified as a “simple greenfields agreement” under section 234 of the Act. The Commission considered these issues in light of the evidence and submissions presented by the parties.

The Commission found that the agreement was a bargaining agreement and contained the protected action provisions required by the Act. However, the Commission found that the agreement had not been certified as a “simple greenfields agreement” and therefore did not satisfy the requirements of section 234 of the Act. As a result, the Commission was unable to approve the agreement. The applicant’s application for approval was dismissed.

The Fair Work Commission dismissed the applicant’s application for approval of the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2022. The Commission found that the agreement was a bargaining agreement and contained the protected action provisions required by the Act, but it had not been certified as a “simple greenfields agreement”. As a result, the Commission was unable to approve the agreement.

Schenck Process Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established