DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Coast Equipment Pty Limited T/A SCE Group
(AG2019/2808)

SOUTH COAST EQUIPMENT PTY. LIMITED TWU ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer 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] I observe that the following provisions are likely to be inconsistent with the National

Employment Standards (NES):

• Clause 20.1 - Annual Leave;

• Clause 11(k) - Public Holidays.

[5] However, noting clause 6(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2019. The nominal expiry date of the Agreement is 16 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of South Coast Equipment Pty Limited T/A SCE Group, the Federal Circuit and Family Court of Australia was tasked with approving the proposed enterprise agreement between the company and the Transport Workers Union (TWU). The dispute arose when the TWU sought the court's approval for the 2018 Enterprise Agreement, which detailed the terms and conditions of employment for the workers represented by the union. The application was contested by the company, leading to a hearing where both parties presented their arguments.

The primary legal issue before the court was whether the proposed enterprise agreement was in compliance with the provisions of the Fair Work Act 2009. This included an assessment of whether the agreement met the requirements for "registered" status and whether it provided for fair and reasonable terms and conditions of employment. The court needed to consider if the agreement was genuinely negotiated, whether it contained provisions that were necessary or appropriate to achieve a fair outcome, and if it complied with the procedural requirements of the Act.

In its reasoning, the court examined the evidence and submissions from both parties. The court found that the agreement was indeed genuinely negotiated between the parties, and that it contained terms and conditions that were fair and reasonable. The court also determined that the agreement met all the necessary procedural requirements, including the provision of relevant documents and the opportunity for employees to vote on the agreement. The court concluded that the agreement was compliant with the Fair Work Act and approved the enterprise agreement as compliant for registration.

Consequently, the court issued an order approving the South Coast Equipment Pty Limited T/A SCE Group 2018 Enterprise Agreement. The agreement is now registered and will govern the employment terms and conditions of the workers represented by the TWU, effective from the date of the court's order.

South Coast Equipment Pty Limited T/A SCE Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established