Skilled Group Limited

[2014] FWCA 738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilled Group Limited
(AG2014/121)

SKILLED GROUP LIMITED METALS ENGINEERING LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 JANUARY 2014

Application for approval of the Skilled Group Limited Metals Engineering Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Skilled Group Limited Metals Engineering Labour Hire Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Skilled Group Limited. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skilled Group Limited applied for the approval of the Skilled Group Limited Metals Engineering Labour Hire Agreement 2013-2016. The applicant was a labour hire company, and the application was made to the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which was a registered trade union with relevant members. The dispute was about whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement complied with the criteria set out in the Fair Work Act for approval. Specifically, the Commission had to consider whether the agreement provided for the fair and reasonable terms of employment, and whether it was in the best interests of the employees covered by the agreement. The Commission also had to consider whether the agreement complied with any relevant industrial instruments and whether it provided for the fair and reasonable terms of employment for the employees covered by the agreement.

In making its decision, the Commission considered the evidence and submissions presented by both parties. The Commission noted that the agreement provided for a number of terms and conditions of employment, including minimum rates of pay, penalty rates, and leave entitlements. The Commission also noted that the agreement provided for a dispute resolution process that was accessible and fair to both parties. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act and approved the agreement.

The Fair Work Commission approved the Skilled Group Limited Metals Engineering Labour Hire Agreement 2013-2016. The Commission found that the agreement provided for fair and reasonable terms of employment and was in the best interests of the employees covered by the agreement. The Commission also found that the agreement complied with any relevant industrial instruments and provided for a fair and reasonable dispute resolution process. The Commission's decision was based on the evidence and submissions presented by both parties and the Commission's consideration of the relevant legal criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established