Score Australasia Pty Ltd T/A Score Australasia Pty Ltd

[2025] FWCA 263

[2025] FWCA 263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Score Australasia Pty Ltd T/A Score Australasia Pty Ltd

(AG2024/4922)

SCORE AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 22 JANUARY 2025

Application for approval of the Score Australasia Pty Ltd Enterprise Agreement

1. An application has been made for approval of an enterprise agreement known as the Score Australasia Pty Ltd Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Score Australasia Pty Ltd T/A Score Australasia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. 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 1 February 2024 and the Agreement was made on 29 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. A potential BOOT concern arose where a part time employee worked such that more than forty percent of their time would be in excess of their agreed hours.  Noting that the form F17B indicated that there were no part time employees engaged by the Applicant, I sought submissions on this matter.  From those submissions I am satisfied that it is not reasonably foreseeable that part time employees will be engaged during the life of the Agreement such that more than forty percent of their time is worked excess of their agreed hours.  As such, the concern is resolved.

1. A further potential BOOT issue arose with respect to a casual employee who only works a Sunday shift.  Again, I sought submissions from the Applicant, noting only one casual employee is engaged.  Based on the submissions, I am satisfied that it is not reasonably foreseeable that during the life of the Agreement a casual employee will be engaged to work only on Sunday.  As such, the concern is resolved.

1. During the assessment process a small discrepancy was found in the NERR but I regard this as a minor technical error and resolved to disregard it pursuant to s.188(5) of the Act.

1. Pursuant to s205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 has been inserted as a term of the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 22 January 2029.

DEPUTY PRESIDENT

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