Scope Australia Pty Ltd

[2014] FWCA 7380

FAIR WORK COMMISSION

DECISION

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

Scope Australia Pty Ltd
(AG2014/9290)

SCOPE AUSTRALIA ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 17 OCTOBER 2014

Application for approval of the Scope Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Scope Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scope Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Scope Australia Pty Ltd has provided a signed written undertaking, in relation to sub-clause 5.1 minimum Classifications and Rates of Pay, clause 18.2 in relation to contributions into a MySuper product and, sub-clause 25.2 in relation to the consultation clause. I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 October 2014. The nominal expiry date is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scope Australia Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Scope Australia Enterprise Agreement 2014. The dispute centred around the provisions of the agreement concerning the classification and remuneration of employees within the company. The case required the Commission to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the classification of employees in a manner consistent with the relevant industrial instruments and whether the remuneration and other terms and conditions were fair and reasonable. Additionally, the Commission needed to assess whether the agreement allowed for the fair representation of employees' interests and if it adhered to the statutory provisions governing enterprise agreements.

The Commission found that the agreement adequately classified employees in accordance with the relevant industrial instruments. It also determined that the remuneration and other terms and conditions of employment were fair and reasonable, taking into account the nature of the work, the economic circumstances, and the principles of the safety net. The Commission further held that the agreement provided for the fair representation of employees' interests and was in compliance with the statutory provisions governing enterprise agreements.

Accordingly, the Fair Work Commission approved the Scope Australia Enterprise Agreement 2014, ensuring its provisions would apply to the employees covered by the agreement. The decision reinforced the importance of ensuring that enterprise agreements meet the statutory requirements and adequately protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established