SKG Australia Pty Ltd Summary

[2022] FWCA 4275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SKG Australia Pty Ltd

(AG2022/4925)

SKG Australia Enterprise Agreement 2022

Security services
COMMISSIONER SPENCER	BRISBANE, 6 DECEMBER 2022

Application for approval of the SKG Australia Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the SKG Australia Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SKG Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 13 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of SKG Australia Pty Ltd involved the applicant, SKG Australia, seeking approval for an enterprise agreement made under the Fair Work Act 2009. The applicant sought the court's approval for the SKG Australia Enterprise Agreement 2022, which was to apply to certain employees of the company. The dispute arose as the applicant claimed that the agreement was made in good faith and for the purpose of establishing a uniform system of employment. The matter was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues before the Commission were whether the agreement had been made in good faith and whether it was suitable for the purpose of establishing a uniform system of employment. The Commission had to examine the process through which the agreement was made, including whether the parties had genuinely negotiated and whether the agreement provided for a fair and reasonable system of employment. The Commission also had to determine whether the agreement complied with the requirements of the Fair Work Act and other relevant legislation.

In determining the application, the Commission examined the evidence presented regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been made in good faith and that the process followed was appropriate. The Commission also concluded that the agreement provided for a fair and reasonable system of employment, taking into account the needs of both the employees and the employer. The Commission considered that the agreement was suitable for the purpose of establishing a uniform system of employment and that it complied with the requirements of the Fair Work Act. Accordingly, the Commission approved the SKG Australia Enterprise Agreement 2022.

The Fair Work Commission approved the SKG Australia Enterprise Agreement 2022, finding that it had been made in good faith and was suitable for the purpose of establishing a uniform system of employment. The Commission's decision was based on the evidence presented, which demonstrated that the agreement provided for a fair and reasonable system of employment and complied with the requirements of the Fair Work Act. The approval of the agreement will have legal effect and be binding on the parties involved.

SKG Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established