DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Projects (Australia) Pty Ltd t/a Scott Safety
(AG2016/493)

SCOTT SAFETY GUILFORD ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2016

Application for approval of the Scott Safety Guildford Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Scott Safety Guilford Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Projects Australia Pty Ltd t/a Scott Safety. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Tyco Projects (Australia) Pty Ltd, trading as Scott Safety, the applicant sought approval for the Scott Safety Guildford Enterprise Agreement 2015-2018. The application was heard by the Fair Work Commission, which is tasked with overseeing workplace agreements in Australia. The primary dispute centred around the procedural fairness and the substantive fairness of the proposed agreement, which was to govern the employment terms of workers at the Guildford site.

The legal issues the court had to address were whether the applicant had followed the correct procedures in reaching the agreement and whether the agreement itself was fair and reasonable. The court examined whether the employer had adequately consulted with the employees and their representatives, and whether the agreement provided fair terms for the employees. Additionally, the court had to consider if the agreement was consistent with the Fair Work Act and the principles of industrial fairness.

The Fair Work Commission found that the applicant had not followed the correct procedures in reaching the agreement, as there was insufficient consultation with the employees. The court noted that the employer had not provided sufficient information to the employees about the proposed changes, which affected the procedural fairness of the agreement. However, the court did find that the substantive terms of the agreement were fair and reasonable, taking into account the nature of the work and the industry standards. The court ultimately approved the agreement, subject to certain modifications to address the procedural deficiencies identified.

The final orders of the Fair Work Commission included the approval of the Scott Safety Guildford Enterprise Agreement 2015-2018, with the condition that the employer must implement a more robust consultation process in the future. The court mandated that the employer must provide clear and comprehensive information to the employees regarding any proposed changes to the agreement. Additionally, the court required the employer to document the consultation process and provide evidence of the discussions held with the employees.

Tyco Projects (Australia) Pty Ltd t/a Scott Safety

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established