DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hardgrove Trust t/a Scental Pacific Pty Ltd
(AG2015/6419)

SCENTAL PACIFIC PTY LTD MANUFACTURING AND WAREHOUSE EMPLOYEES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 NOVEMBER 2015

Application for approval of the Scental Pacific Pty Ltd Manufacturing and Warehouse Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Scental Pacific Pty Ltd Manufacturing and Warehouse Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Hardgrove Trust t/a Scental Pacific Pty Ltd. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 6 November 2015 and, in accordance with s.54, will operate from 13 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hardgrove Trust, trading as Scental Pacific Pty Ltd, sought approval of the Scental Pacific Pty Ltd Manufacturing and Warehouse Employees Enterprise Agreement 2015. The application was before the Fair Work Commission (FWC) as the relevant industrial tribunal. The nature of the dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the best interests of the employees.

The central legal issues revolved around whether the agreement was properly made and whether it complied with the procedural and substantive fairness requirements under the Act. Specifically, the FWC had to determine if the bargaining process adhered to the prescribed guidelines and if the agreement was in the best interests of the employees, considering their health, safety, welfare, and industrial relations objectives.

In its decision, the FWC examined the evidence presented and concluded that the agreement was appropriately made and met the statutory requirements. The commission found that the bargaining process was conducted in a manner that ensured procedural fairness and that the agreement was in the best interests of the employees. The FWC noted the significant benefits provided by the agreement, including improved working conditions and employee welfare provisions, which aligned with the objectives of the Act. Based on these findings, the FWC approved the proposed enterprise agreement.

The final orders of the FWC were that the Scental Pacific Pty Ltd Manufacturing and Warehouse Employees Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

The Hardgrove Trust t/a Scental Pacific 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