Schiavello (SA) Pty Ltd Summary

[2013] FWCA 481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Schiavello (SA) Pty Ltd
(AG2013/68)

SCHIAVELLO (SA) PTY LTD ENTERPRISE AGREEMENT 2012 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 JANUARY 2013

Application for approval of the Schiavello (SA) Pty Ltd Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Schiavello (SA) Pty Ltd Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schiavello (SA) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] 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.

[4] The Construction, Forestry, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schiavello (SA) Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The nature of the dispute involved the interpretation and validation of specific clauses within the proposed agreement. The application was heard and determined by the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission included whether certain clauses in the agreement were properly formed, if they complied with the relevant statutory requirements, and whether they met the 'better off overall test'. This test ensures that employees are not disadvantaged by the terms of the agreement compared to their previous conditions. The Commission also had to consider if the agreement had been genuinely negotiated between the parties and if it adhered to the procedural fairness principles.

The Commission reviewed the evidence provided and found that the agreement had been negotiated in good faith and complied with the necessary statutory provisions. The better off overall test was satisfied as the new conditions provided benefits to the employees that outweighed any detriments. The Commission approved the agreement, affirming that it was a valid and enforceable enterprise agreement. The decision was made in accordance with the Fair Work Act 2009 and relevant regulations.

Schiavello (SA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established