Skilled Workforce Solutions (NSW) Pty Ltd

[2020] FWCA 3203

[2020] FWCA 3203

FAIR WORK COMMISSION

DECISION

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

Skilled Workforce Solutions (NSW) Pty Ltd
(AG2020/1427)

SKILLED WORKFORCE SOLUTIONS QLD ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER HUNT	BRISBANE, 19 JUNE 2020

Application for approval of the SKILLED Workforce Solutions QLD Enterprise Agreement 2020.

[1] Skilled Workforce Solutions (NSW) Pty Ltd (the Applicant/the Employer) has applied for approval of an enterprise agreement known as the SKILLED Workforce Solutions QLD Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Mr Steven Pierce, District Vice President of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), filed a Form F18 on behalf of the CFMMEU in relation to this Agreement stating that the CFMMEU was a bargaining representative for the agreement, and that it supported approval of the Agreement and advising the CFMMEU wanted to be covered by the Agreement.

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[4] Mr Pierce and the CFMMEU were provided with copies of these undertakings on 15 June 2020 and given an opportunity to provide a response. The CFMMEU was advised that in the absence of any response from the bargaining representatives, the application may be determined based on the material before the Commission. The CFMMEU did not provide a response to the undertakings and did not identify any grounds on which it opposed the Agreement in its Form F18.

[5] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[6] I observe that clause 6.5.3 – Termination of employment is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] I have taken into consideration the material filed in the Commission. 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2020. The nominal expiry date of the Agreement is 19 June 2024.

COMMISSIONER

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Annexure A.