Skilled Resources Group Aust. Pty Ltd T/A Skilled Resources Group Aust.
[2023] FWCA 708
•8 MARCH 2023
| [2023] FWCA 708 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Skilled Resources Group Aust. Pty Ltd T/A Skilled Resources Group Aust.
(AG2023/396)
Skilled Resources Group Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 8 MARCH 2023 |
Application for approval of the Skilled Resources Group Enterprise Agreement 2022
Skilled Resources Group Aust. Pty Ltd T/A Skilled Resources Group Aust. (the Applicant) has made an application for the approval of an enterprise agreement known as the Skilled Resources Group Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
Clause 6.19 of the Agreement provides that a casual employee who has been engaged for a sequence of periods of employment under the Agreement during a period of 12 months thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment, in the opinion of both parties, is to continue beyond the conversion process. This appears to be inconsistent with s 66B of the Act which provides that an employer must make an offer to a casual employee if the employee has been employed by the employer for a period of 12 months, and during at least the last 6 months, the employee has worked a regular pattern of hours on an ongoing basis.
Clause 21 contains an exhaustive list of public holidays on which employees are entitled to public holiday pay but does not provide an entitlement to any other day or part-day declared or prescribed by or under a law of a State or Territory, as provided by s 115(1)(b) of the Act.
Although it appears that these clauses, in part, are contrary to provisions of the National Employment Standards in Part 2-2 of the Act, I am satisfied that the issues are resolved by the inclusion of clause 5.3(a) of the Agreement.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement was approved on 8 March 2023 and, in accordance with s 54, will operate from 15 March 2023. The nominal expiry date of the Agreement is 8 March 2027.
DEPUTY PRESIDENT
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