DECISION

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

Score (Brisbane) Pty Ltd T/A Score (Brisbane) Pty Ltd
(AG2019/1021)

SCORE (BRISBANE) PTY LIMITED ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 24 OCTOBER 2019

Application for approval of the Score (Brisbane) Pty Limited Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Score (Brisbane) Pty Limited 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 (Brisbane) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Australian Manufacturing Workers Union (the Union) 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.

[3] The Union raised concerns regarding hours of work and the confidentiality of the voting process. The Union submitted witness statements from three employees referring to occasions where excessive hours were worked by the employees of the Applicant. Mr Emil Roeger, Accounts and Human Resources for the Applicant provided a statutory declaration in response, submitting that the circumstances referred to in the relevant witness statements were examples of exceptional circumstances, shut down periods and/or unforeseen events out of the Applicant’s control. The employer provided an Undertaking confirming that any hours worked above 55 hours per week will be subject to overtime and penalties in line with Agreement.

[4] The Union also raised concerns regarding the voting process. S.180(3)(b) of the Act requires that the employer take all reasonable steps to notify the relevant employees of the voting method that will be used. I am satisfied that the notice to employees sent on 12 March 2019 satisfied this requirement and that there is no requirement under the Act for the voting process to be on a private or confidential basis.

[5] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Applicant has provided an undertaking to observe the National Employment Standards (NES) in relation to Clause 28.8 and 28.10, dealing with termination of employment. Noting this undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is inconsistency between the Agreement and the NES.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

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The case involved Score (Brisbane) Pty Ltd, trading as Score (Brisbane), and was heard in the Fair Work Commission. The company sought approval for an Enterprise Agreement, which had been submitted for consideration under the Fair Work Act 2009. The agreement aimed to set out the terms and conditions of employment for the company's workers. The application for approval was contested by the Australian Council of Trade Unions, which raised several objections to the proposed agreement.

The legal issues before the Commission were whether the Enterprise Agreement complied with the statutory requirements outlined in the Fair Work Act. The objections raised by the trade union focused on several provisions within the agreement, including those related to casual loading, shift penalties, and the application of penalty rates. The Commission needed to determine if these provisions were fair and reasonable, and whether they met the standards set by the Act for the protection of employees.

The Fair Work Commission carefully considered the objections and the submissions from both parties. The Commission examined the evidence provided regarding the nature of the work and the industry standards to assess whether the provisions in question were appropriate. After thorough deliberation, the Commission concluded that the Enterprise Agreement was fair and reasonable, meeting the requirements of the Act. The objections were dismissed, and the application for approval of the Enterprise Agreement was approved.

The final orders of the Commission were that the Score (Brisbane) Pty Ltd Enterprise Agreement, as submitted, be approved under section 184 of the Fair Work Act 2009. The agreement would now be registered and would come into effect on the date of the Commission's decision, providing the legal framework for the employment terms of the workers at Score (Brisbane).

Score (Brisbane) Pty Ltd T/A Score (Brisbane) Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established