DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scope Australia Pty Ltd
(AG2016/5953)

ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scope Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scope Australia Pty Ltd, an entity engaged in the provision of employment services, was before the Fair Work Commission in an application to approve an enterprise agreement. The matter involved a dispute between the employer and the employees represented by the National Tertiary Education Union (NTEU). The disagreement centred on the terms and conditions of employment outlined in the proposed Enterprise Agreement 2016, including issues such as pay rates, working conditions, and procedural fairness in the workplace.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically sections concerning the process for making the agreement and its substantive fairness. The Commission needed to assess if the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the NTEU argued that the process by which the agreement was negotiated was flawed, impacting its procedural fairness.

The Fair Work Commission found that the agreement was indeed made in good faith, with a process that was generally fair and reasonable, despite some procedural imperfections. The Commission emphasised that while there were minor procedural irregularities, these did not significantly detract from the overall fairness of the agreement. Regarding the substantive terms, the Commission concluded that the agreement provided for fair and reasonable terms and conditions, balancing the interests of both the employer and the employees. Consequently, the Commission approved the Enterprise Agreement 2016, recognising its compliance with the legislative requirements.

The final orders of the Fair Work Commission included the approval of the Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all relevant employees of Scope Australia Pty Ltd. This decision marked the resolution of the dispute, setting the terms and conditions of employment for the period specified in the agreement.

Scope Australia 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