Skill Tiling Pty Ltd

[2013] FWC 6835

[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

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