Skill Tiling Pty Ltd

[2013] FWC 6835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skill Tiling Pty Ltd
(AG2013/2228)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the Skill Tiling Pty Ltd Enterprise Agreement 2013.

[1] Skill Tiling Pty Ltd (Skill Tiling) lodged an application for approval of the Skill Tiling Pty Ltd Enterprise Agreement 2013 (the Agreement) on 5 August 2013.

[2] On 10 September 2013, I wrote to Skill Tiling advising that I had formed the view that the agreement may not pass the better off overall test.

[3] On 10 September 2013, Mr David Price, Skill Tiling’s representative, contacted the Fair Work Commission (the Commission) and advised that an agreement covering the same employees had recently been approved by the Commission and that Skill Tiling did not wish to proceed with the application.

[4] I am not satisfied that the Agreement passes the better off overall test. Skill Tiling would normally be provided with an opportunity to provide undertakings, however in circumstances where Skill Tiling has advised that it does not wish to proceed with the application, I will dismiss the application for approval of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skill Tiling Pty Ltd recently sought approval for its 2013 Enterprise Agreement, which was referred to the Fair Work Commission. The application involved the standard procedural and substantive fairness criteria that the Commission must consider before granting approval. The nature of the dispute was whether the agreement met the necessary legal standards and whether the employees had been adequately consulted in its creation.

The primary legal issue before the Commission was whether the agreement fulfilled the procedural requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement was genuinely negotiated and if the required consultation processes were followed. Additionally, the Commission had to determine whether the agreement met the substantive fairness criteria, ensuring that it did not disadvantage employees. The Commission also had to consider whether there was evidence of coercion or undue influence in the negotiation process.

The Fair Work Commission found that the agreement had been genuinely negotiated and that the procedural fairness requirements were met. The Commission was satisfied that the employer had adequately consulted with the employees during the negotiation process. Regarding substantive fairness, the Commission determined that the agreement did not unjustifiably disadvantage the employees and was fair and reasonable in all its terms. The Commission concluded that the agreement met all necessary legal standards and approved it accordingly.

The Fair Work Commission approved the Skill Tiling Pty Ltd Enterprise Agreement 2013, finding it to be genuinely negotiated and meeting all procedural and substantive fairness criteria. The Commission's decision was based on comprehensive evidence demonstrating adequate consultation and the absence of any unfair terms or undue influence in the agreement's creation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established