DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilled Resource Group Pty Ltd
(AG2018/5057)

SKILLED RESOURCE GROUP ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Skilled Resource Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Skilled Resource Group Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skilled Resource Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skilled Resource Group Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Skilled Resource Group Enterprise Agreement 2018. The applicant argued that the agreement, which it claimed had been fairly and independently negotiated, met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory provisions regarding the proper negotiation and content of an enterprise agreement. The Commission was required to determine if the agreement had been fairly and properly negotiated and whether it contained the necessary provisions mandated by the Act.

The primary legal issue before the Commission was whether the agreement had been properly negotiated, specifically whether the bargaining representatives had genuinely attempted to negotiate in good faith. Additionally, the Commission needed to ascertain whether the agreement contained the minimum terms and conditions required by the Fair Work Act 2009. The Commission examined the conduct of the bargaining representatives and the content of the agreement to determine if it complied with the legislative requirements.

The Fair Work Commission concluded that the agreement had indeed been fairly and independently negotiated, and all necessary steps had been taken to ensure the proper negotiation process. The Commission found that the bargaining representatives had acted in good faith and had genuinely attempted to reach an agreement. Furthermore, the agreement contained all the necessary minimum terms and conditions as required by the Act. Consequently, the Commission approved the Skilled Resource Group Enterprise Agreement 2018, finding it to be compliant with the statutory requirements.

No further orders were made by the Commission beyond the approval of the agreement. The decision stands as a confirmation that the agreement meets the legal standards for approval under the Fair Work Act 2009.

Skilled Resource Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established