DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scope (AUST) Ltd T/A Scope (VIC) Ltd
(AG2019/2105)

SCOPE THERAPISTS AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 JULY 2019

Application for approval of the Scope Therapists Agreement 2019.

[1] Scope (AUST) Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Scope Therapists Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the further material provided by the Employer, 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 Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. 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 25 July 2019 and, in accordance with s 54, will operate from 1 August 2019. The nominal expiry date of the Agreement is 1 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scope (AUST) Ltd, trading as Scope (VIC) Ltd, applied to the Fair Work Commission for the approval of the Scope Therapists Agreement 2019, which is a registered organisation agreement. The application involved various stakeholders, including the employer, employees, and their representatives. The primary concern was whether the agreement met the necessary legal standards and protections for the employees under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided adequate protections for employees in terms of pay rates, conditions, and other employment terms. Key aspects of the agreement, including the classification of employees, provisions for minimum wages, and dispute resolution mechanisms, were examined to ensure they complied with the statutory requirements and did not undermine the employees' rights. The Commission had to determine if the agreement was sufficiently fair and balanced to warrant its approval.

The Commission found that the Scope Therapists Agreement 2019 largely complied with the requirements of the Fair Work Act 2009. It concluded that the agreement provided adequate protections for employees and did not unfairly disadvantage them. The agreement included provisions for minimum wage rates, reasonable working hours, and provisions for leave and other benefits. Furthermore, the Commission noted that the agreement contained a dispute resolution process that was accessible and fair. Based on these findings, the Commission approved the Scope Therapists Agreement 2019.

The Fair Work Commission approved the Scope Therapists Agreement 2019, recognising its compliance with the statutory standards and its fairness to the employees. The approval signifies that the agreement is now legally binding between the employer and the employees, providing a framework for their employment conditions and dispute resolution.

Scope (AUST) Ltd T/A Scope (VIC) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established