DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scope (AUST) Ltd
(AG2019/3433)

SCOPE ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER YILMAZ	MELBOURNE, 3 DECEMBER 2019

Application for approval of the Scope Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Scope Enterprise Agreement 2019 (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) Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Health Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 10 December 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scope (AUST) Ltd was before the Fair Work Commission, where the applicant sought approval of an enterprise agreement. The dispute centred around the terms and conditions of employment set out in the Scope Enterprise Agreement 2019, with particular emphasis on the classification and pay rates for employees within the organisation.

The primary legal issues that the Commission had to address involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included scrutinising the fairness of the terms, ensuring that the agreement did not adversely affect employees, and confirming that it was made in good faith. Additionally, the Commission needed to determine whether the agreement met the criteria for being a "simple" agreement, which would exempt it from certain procedural requirements.

In examining these issues, the Commission assessed the evidence presented by both parties, focusing on the negotiation process and the content of the agreement. It considered the nature of the bargaining, the fairness of the terms, and the compliance with statutory requirements. The Commission concluded that the agreement was made in good faith, did not unfairly disadvantage employees, and complied with the Act. Furthermore, the agreement met the criteria for a "simple" agreement, thus satisfying the procedural requirements.

As a result, the Fair Work Commission approved the Scope Enterprise Agreement 2019. This decision was based on the finding that the agreement was fair, met all necessary statutory requirements, and was made in accordance with the principles of good faith bargaining. The approval allowed the terms and conditions outlined in the agreement to become legally binding on the parties involved.

Scope (AUST) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established