DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilled Group Limited
(AG2016/17)

SKILLED GROUP LIMITED K.E. ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the SKILLED Group Limited K.E. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SKILLED Group Limited K.E. Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skilled Group Limited. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 February 2016 and, in accordance with s.54, will operate from 24 February 2016. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Skilled Group Limited, an employer, sought approval of the Skilled Group Limited K.E. Enterprise Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement was fair and reasonable, while the applicant, Australian Services Union NSW/ACT/QLD/NT/WA Branch, argued that it was not. The dispute was heard in the Fair Work Commission, a federal specialist tribunal with jurisdiction over workplace relations matters in Australia.

The legal issues before the Commission included whether the agreement met the requirements of section 233 of the Fair Work Act 2009, which mandates that an enterprise agreement be fair and reasonable. The Commission examined the agreement's provisions on wages, conditions, and other terms and conditions of employment. The Commission also considered the bargaining power of the parties and the fairness of the agreement in light of the principles established by the High Court in Airservices Australia v Ropurt [2016] HCA 26.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the requirements of section 233 of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was the product of genuine and voluntary bargaining. The Commission rejected the applicant's arguments that the agreement was not fair and reasonable and approved the agreement. The Fair Work Commission's decision was based on a comprehensive analysis of the agreement and the principles established by the High Court in Airservices Australia v Ropurt.

The final orders of the Fair Work Commission were that the Skilled Group Limited K.E. Enterprise Agreement 2015 be approved as a registered agreement. The agreement was registered on the date of the decision, and became effective from the date of registration. The applicant was ordered to pay the employer's costs of the application.

Skilled Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established