DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Coast Equipment Pty Limited T/A SCE Group
(AG2019/1321)

SOUTH COAST EQUIPMENT PTY LIMITED WORKSHOP DIVISION AND AMWU ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 20 MAY 2019

Application for approval of the South Coast Equipment Pty Limited Workshop Division and AMWU Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the South Coast Equipment Pty Limited Workshop Division and AMWU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by South Coast Equipment Pty Limited T/A SCE Group.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 11 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

South Coast Equipment Pty Limited, trading as the SCE Group, sought approval of its Workshop Division and the Australian Manufacturing Workers' Union (AMWU) Enterprise Agreement 2018. The dispute was brought before the Fair Work Commission (FWC) as the parties were unable to reach a voluntary agreement on the terms of the enterprise agreement.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 (FW Act). Specifically, the FWC needed to determine if the agreement met the minimum terms and conditions set out in the Fair Work (Registered Organisations) Act 2009 and whether it was fair and reasonable in all its terms. This involved scrutinising various aspects of the agreement, including the wages, hours of work, leave entitlements, and other employment conditions.

The FWC examined the submissions and evidence from both the employer and the union, considering the economic context and industry standards. After careful consideration, the FWC found that the proposed agreement met the statutory minimum standards and was fair and reasonable in all its terms. The FWC approved the enterprise agreement, recognising the negotiated terms as a valid and binding contract between the employer and the union. This decision ensures that the employees in the Workshop Division of the SCE Group are covered by an enterprise agreement that reflects the outcomes of their negotiations with their employer.

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