DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scooter Internal Linings Pty Ltd
(AG2018/5281)

SCOOTER INTERNAL LININGS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 12 APRIL 2019

Application for approval of the Scooter Internal Linings Pty Ltd Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Scooter Internal Linings Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scooter Internal Linings Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement, the Scooter Internal Linings Pty Ltd Enterprise Agreement 2018. The applicant, Scooter Internal Linings Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from the terms and conditions of employment contained within the agreement, which were contested by various parties including the employees' representatives and the applicant employer.

The legal issues that the Commission was required to decide involved whether the agreement complied with the statutory requirements for approval under the Fair Work Act. This included verifying that the agreement had been made in good faith, that it contained certain prescribed minimum entitlements, and that it did not include any prohibited content. Additionally, the Commission had to consider whether the agreement was appropriately made, which required examining the process by which the agreement was negotiated and whether it was made with adequate representation of the employees.

In its decision, the Commission examined the provisions of the agreement and the process by which it was negotiated. The Commission found that the agreement contained all the necessary prescribed minimum entitlements and did not include any prohibited content. The Commission also determined that the agreement was made in good faith and that the process by which it was negotiated was appropriate, with adequate representation of the employees. Therefore, the Commission approved the agreement, recognising it as a registered agreement under the Fair Work Act. The Commission made an order approving the agreement and registering it with the Fair Work Commission.

Scooter Internal Linings 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