The Trustee for the Howard Scott Family Trust T/A Scott Group Management Pty Ltd

[2024] FWCA 3098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for the Howard Scott Family Trust T/A Scott Group Management Pty Ltd

(AG2024/2625)

THE TRUSTEE FOR THE HOWARD SCOTT FAMILY TRUST TRADING AS SCOTT GROUP MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 AUGUST 2024

Application for approval of the The Trustee for the Howard Scott Family Trust trading as Scott Group Management Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the The Trustee for the Howard Scott Family Trust trading as Scott Group Management Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 August 2024. The nominal expiry date of the Agreement is 22 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Trustee for the Howard Scott Family Trust, trading as Scott Group Management Pty Ltd, which applied to the Fair Work Commission for the approval of the Enterprise Agreement 2024. The nature of the dispute was primarily about whether the proposed agreement complied with the relevant legislative and regulatory requirements for enterprise agreements in Australia. The matter was heard by the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement met the statutory prerequisites for approval, such as provisions for employee representation and consultation, and whether it complied with the Better Off Overall Test (BOOT). The Commission also needed to consider if the agreement was made in good faith and whether it addressed the employees' interests appropriately. Additionally, the Commission had to ensure that the agreement did not contravene any provisions of the Fair Work Act or any other relevant industrial instruments.

In delivering its decision, the Commission found that the Enterprise Agreement 2024 largely met the statutory requirements. It was noted that the agreement included appropriate mechanisms for employee representation and consultation. Furthermore, the Commission determined that the agreement satisfied the BOOT, as it provided employees with better conditions than they would have under the applicable award or other industrial instrument. The Commission concluded that the agreement was made in good faith and was in the best interests of the employees. Consequently, the Commission approved the Enterprise Agreement 2024, subject to its registration with the Fair Work Registry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established