Scope (Aust) Ltd
[2024] FWCA 3512
•4 OCTOBER 2024
| [2024] FWCA 3512 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Scope (Aust) Ltd
(AG2024/3147)
THE SCOPE ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 4 OCTOBER 2024 |
Application for approval of the Scope Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Scope Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scope (Aust) Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 September 2023 and the Agreement was made on 12 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Employer has provided written undertakings. 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I note that several clauses are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Health Workers Union and the Health Services Union, each being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.
The Agreement is approved and in accordance with s.54, will operate from 11 October 2024. The nominal expiry date of the Agreement is 30 October 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526315 PR779973>
Annexure A
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