DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilled Group Limited
(AG2015/5882)

SKILLED GROUP LIMITED - SEABREEZE PARADE NORTH SHORE GEELONG ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the SKILLED Group Limited - Seabreeze Parade North Shore Geelong Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SKILLED Group Limited - Seabreeze Parade North Shore Geelong 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skilled Group Limited applied for the approval of the Seabreeze Parade North Shore Geelong Enterprise Agreement 2015, with the Fair Work Commission hearing the matter. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically in relation to the definition of "employee" and the provisions concerning minimum wages and conditions. The applicant argued that the agreement was fair and reasonable, while the respondent contested its validity, asserting that it did not meet certain legal standards.

The Commission examined the agreement's compliance with the Act, considering the definition of "employee" and whether all workers covered by the agreement were indeed employees. The Commission also reviewed the minimum wages and conditions stipulated in the agreement to ensure they adhered to the relevant industrial awards and enterprise bargaining agreements. After carefully assessing the submissions and evidence provided by both parties, the Commission determined that the agreement was fair and reasonable, and thus approved it.

The Fair Work Commission found that the Seabreeze Parade North Shore Geelong Enterprise Agreement 2015 was consistent with the requirements of the Fair Work Act 2009. The agreement's definition of "employee" was deemed to be appropriate, and the minimum wages and conditions were found to be compliant with the relevant industrial awards and enterprise bargaining agreements. As a result, the Commission approved the agreement.

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