DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schiavello Manufacturing Pty Ltd
(AG2021/5570)

SCHIAVELLO GROUP ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JULY 2021

Application for approval of the Schiavello Group Enterprise Agreement 2021.

[1] Schiavello Manufacturing Pty Ltd has made an application for approval of an enterprise agreement known as the Schiavello Group Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 July 2021 and, in accordance with s 54, will operate from 8 July 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512025 PR731182>
Annexure A

CaseChat Overview and Summary

Schiavello Manufacturing Pty Ltd, represented by its directors, applied to the Fair Work Commission for approval of the Schiavello Group Enterprise Agreement 2021. The application involved a dispute over the terms and conditions of employment for workers within the Schiavello Group, including issues such as wages, working hours, and leave entitlements. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues in the case were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the provisions of the Fair Work Act, and whether it was consistent with the principles of the Australian labour market. The Commission considered whether the agreement adequately addressed the needs of both employers and employees, ensuring that it did not undermine the safety net of entitlements provided by the national industrial relations system.

The Fair Work Commission found that the Schiavello Group Enterprise Agreement 2021 provided for fair and reasonable terms and conditions of employment. The agreement was considered to be consistent with the principles of the Australian labour market and compliant with the Fair Work Act. The Commission approved the agreement, noting that it provided a balanced approach to the needs of both parties and did not undermine the national safety net of industrial protections. The Commission's decision was based on a detailed analysis of the agreement's provisions and their alignment with relevant industrial and legislative standards.

The Fair Work Commission approved the Schiavello Group Enterprise Agreement 2021, with the decision providing certainty for both employers and employees within the Schiavello Group. The approval ensures that the terms and conditions of employment are fair and reasonable, while also maintaining compliance with the broader industrial relations framework. This decision provides a clear precedent for future enterprise agreements within the industry, reinforcing the importance of balancing the interests of both employers and employees.

Schiavello Manufacturing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established