DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenck Process Australia
(AG2015/2774)

SEA - SCHENCK PROCESS & UNION ENTERPRISE AGREEMENT EAST COAST 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	NEWCASTLE, 4 JUNE 2015

Application for approval of the SEA - Schenck Process & Union Enterprise Agreement East Coast 2015.

[1] An application has been made for approval of an enterprise agreement known as the
SEA - Schenck Process & Union Enterprise Agreement East Coast 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Schenck Process Australia. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schenck Process Australia made an application to the Fair Work Commission for approval of a new enterprise agreement, the Schenck Process & Union Enterprise Agreement East Coast 2015. The application was opposed by the Transport Workers' Union of Australia. The matter was heard in the Commission’s Melbourne office. The central legal issue for the Commission was whether the agreement complied with the relevant statutory requirements. Specifically, the Commission had to determine whether the agreement satisfied the “better off overall test” in section 174 of the Fair Work Act 2009, and whether it contained the mandated terms and conditions as outlined in section 231 of the Act.

The Commission examined the terms and conditions of the agreement, the coverage of the employees, and the union’s endorsement. It considered whether the agreement provided employees with improved pay and conditions, and whether the union had genuinely agreed to the terms. The Commission also assessed whether the agreement complied with the prescribed process for enterprise agreements, including the proper consultation and negotiation processes. After careful deliberation, the Commission determined that the agreement met all the necessary statutory requirements. The Commission found that the agreement provided employees with improved terms and conditions, and that the union had properly endorsed the agreement.

Accordingly, the Commission approved the Schenck Process & Union Enterprise Agreement East Coast 2015. The Commission made orders approving the agreement, which is now legally binding on the parties. The final orders included the approval of the agreement and the setting aside of the opposition by the union.

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