Skill Hire WA Pty Ltd T/A Skill Hire

[2021] FWCA 7319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skill Hire WA Pty Ltd T/A Skill Hire
(AG2021/8829)

SKILL HIRE TRAFFIC CONTROL ENTERPRISE AGREEMENT 2021

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Skill Hire Traffic Control Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Skill Hire Traffic Control Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skill Hire WA Pty Ltd T/A Skill Hire. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 23 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skill Hire WA Pty Ltd T/A Skill Hire sought approval for the Skill Hire Traffic Control Enterprise Agreement 2021. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for a fair and reasonable level of remuneration and conditions, and whether it had been genuinely agreed upon by the parties.

The Commission considered the evidence presented by both parties, including submissions on the economic and operational context of the traffic control industry. The Commission examined the proposed terms of the agreement, particularly the provisions on wages, hours of work, and other conditions. It also assessed whether the agreement had been negotiated in good faith and whether it was likely to promote improved productivity, efficiency, and profitability.

In reaching its decision, the Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that it had been genuinely agreed upon by the parties. The Commission found that the proposed wages and conditions were consistent with those in similar industries, and that the agreement promoted productivity and efficiency. The Commission also noted that the agreement provided for dispute resolution mechanisms and other protections for employees.

The Commission approved the Skill Hire Traffic Control Enterprise Agreement 2021, subject to certain conditions and modifications. These included provisions for the agreement to be reviewed and updated periodically, and for the parties to engage in good faith negotiations to resolve any disputes that may arise. The approval of the agreement will provide certainty and stability for both employers and employees in the traffic control industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established