DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schiavello (Vic) Pty Ltd
(AG2015/5067)

SCHIAVELLO GROUP ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 7 OCTOBER 2015

Application for approval of the Schiavello Group Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Schiavello Group Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schiavello (Vic) Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 28 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Schiavello (Vic) Pty Ltd, the Fair Work Commission was asked to approve the Schiavello Group Enterprise Agreement 2015 - 2018. The dispute involved the parties' negotiations regarding the terms and conditions of employment within the Schiavello Group, specifically focusing on the proposed enterprise agreement. The primary issue was whether the agreement met the requirements set out under the Fair Work Act 2009, ensuring it was fair and bargainable.

The legal issues the court had to address included whether the agreement satisfied the 'better off overall test', meaning employees would not be worse off financially under the new agreement compared to their previous conditions. Additionally, the court had to consider if the agreement had been genuinely negotiated between the employer and the employees' representatives. The fairness and reasonableness of the proposed terms and conditions, including wages, hours of work, and other employment-related matters, were also scrutinized.

The Fair Work Commission, after thorough examination, found that the Schiavello Group Enterprise Agreement 2015 - 2018 met the statutory requirements for approval. The commission confirmed that the agreement provided for terms and conditions that were at least as favourable as the previous conditions for most employees, thereby satisfying the better off overall test. The negotiation process was deemed genuine, and the terms were found to be fair and reasonable. Consequently, the commission approved the agreement, highlighting its compliance with the necessary legislative standards.

The final orders of the Fair Work Commission included the approval of the Schiavello Group Enterprise Agreement 2015 - 2018, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement are legally binding between the Schiavello Group and its employees, providing a framework for their employment relationship for the specified period.

Schiavello (Vic) 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