DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SKILLED Group Ltd
(AG2015/6758)

SKILLED GROUP LTD LABOUR HIRE ETU COLLECTIVE AGREEMENT 2015-2017

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the SKILLED Group Ltd Labour Hire ETU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the SKILLED Group Ltd Labour Hire ETU Union Collective Agreement 2015-2017 (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 Ltd. 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, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2015. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skilled Group Limited applied for the approval of a collective agreement made between the company and the Labour Hire Enterprise Team Union. The agreement outlined various terms and conditions of employment for employees engaged under labour hire arrangements. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval, particularly whether it was made in good faith and whether it provided for the fair and equitable treatment of employees. The Commission also had to consider whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated the efficient and productive operation of the business and protected the rights of employees.

The Commission found that the agreement was made in good faith and provided for the fair and equitable treatment of employees. The agreement contained provisions that facilitated the efficient and productive operation of the business and protected the rights of employees. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Commission ordered that the agreement be approved as a registered agreement under the Fair Work Act 2009, subject to the modifications made by the Commission. The modifications included changes to the agreement to ensure compliance with the Act, including provisions relating to the payment of wages and the protection of employee rights. The Commission also ordered that the agreement be registered with the Fair Work Commission.

SKILLED Group Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established