Schoenauer Pty Ltd

[2014] FWCA 6764

FAIR WORK COMMISSION

DECISION

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

Schoenauer Pty Ltd
(AG2014/8893)

SCHOENAUER PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 SEPTEMBER 2014

Application for approval of the Schoenauer Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 September 2014 by Schoenauer Pty Ltd for the approval of a single-enterprise agreement known as the Schoenauer Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] On 26 September 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schoenauer Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Schoenauer Pty Ltd Enterprise Agreement 2014. The applicant, Schoenauer Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The nature of the dispute centred around the validity of certain provisions within the agreement, particularly those related to employee classification and remuneration.

The legal issues that the Commission had to address included whether the agreement met the procedural and substantive requirements for registration under the Act, and whether there was any provision that was unfair or unreasonable. The Commission considered whether the agreement had been genuinely negotiated, whether it complied with the relevant legislative provisions, and whether it would ensure fairness for the employees involved.

In delivering its decision, the Commission emphasised the importance of genuine negotiation and the need for the agreement to provide for fair and reasonable terms and conditions of employment. The Commission found that the majority of the provisions in the agreement were in line with the legislative requirements and reflected a fair and reasonable agreement. However, it made several modifications to certain provisions to ensure they complied with the Act and provided for fair terms. Ultimately, the Commission approved the agreement with the modifications, finding it to be a genuine, fair, and reasonable agreement.

The final orders of the Commission approved the Schoenauer Pty Ltd Enterprise Agreement 2014, with the modifications made to certain provisions, and directed that it be registered as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established