Skilled Group Ltd T/A Pacific Relines Summary

[2013] FWCA 2623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Skilled Group Ltd T/A Pacific Relines
(AG2013/5662)

PACIFIC RELINES ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 1 MAY 2013

Application for approval of the Pacific Relines Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Relines Enterprise Agreement 2013 - 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 Ltd T/A Pacific Relines. The agreement is a single-enterprise agreement.

[2] On 11 April 2013 an undertaking was provided by Ms Tammy D’Adonna of Skilled Group Ltd T/A Pacific Relines. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 8 May 2013. The nominal expiry date of the agreement is 31 January 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Skilled Group Ltd T/A Pacific Relines, the Fair Work Commission was asked to approve the Pacific Relines Enterprise Agreement 2013 - 2015. The application was made by the employer, and the union representing the employees contested the application. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission had to decide were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions regarding minimum entitlements, procedural fairness, and the process by which the agreement was formed. The union argued that the agreement did not adequately protect the employees' rights and interests, while the employer contended that the agreement was fair and reasonable and in the best interests of the business.

The Commission found that the agreement did not meet the statutory requirements as it failed to provide adequate protection for the employees' minimum entitlements. The Commission noted that while the proposed agreement contained provisions that were better than the minimum entitlements, it did not ensure that employees received at least the minimum entitlements. Additionally, the Commission was not satisfied that the agreement had been formed through a genuine bargaining process. The application was therefore rejected, and the agreement was not approved. The Commission ordered that the application be returned to the parties for further negotiation and consideration in light of the decision.

Skilled Group Ltd T/A Pacific Relines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established