DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilled Workforce Solutions (NSW) Pty Ltd
(AG2019/517)

SKILLED WORKFORCE SOLUTIONS (NSW) PTY LTD ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2019

Application for approval of the Skilled Workforce Solutions (NSW) Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Skilled Workforce Solutions (NSW) Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skilled Workforce Solutions (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 23 – Paid Personal/ Carer’s Leave

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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2019. The nominal expiry date of the Agreement is 14 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Skilled Workforce Solutions (NSW) Pty Ltd for the approval of the Enterprise Agreement 2019. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009. The applicant argued that the agreement was appropriately negotiated and met all statutory obligations, while the objectors contended that certain provisions were unfair or did not meet the genuine bargain test.

The legal issues before the court included whether the agreement was genuinely negotiated, whether it met the requirements for a simple or low-paid agreement, and if the provisions were fair and reasonable. The court had to examine the process of negotiation, the content of the agreement, and its impact on employees. The objectors raised concerns about specific clauses related to wages, leave entitlements, and termination provisions.

The Fair Work Commission determined that the agreement had been genuinely negotiated and met the requirements of the Act. The court found that the negotiation process was robust and involved multiple meetings between the parties. Regarding the content, the court held that the provisions were fair and reasonable, taking into account the nature of the work and the bargaining positions of the parties. The wage and leave provisions were deemed to be in line with industry standards, and the termination clauses were found to be consistent with common law principles.

The application was approved, and the Enterprise Agreement 2019 was registered. The court noted that the agreement provided a fair and reasonable outcome for both the employer and employees, and it was in compliance with the legislative framework. The objectors’ concerns were addressed and found to be without merit.

Skilled Workforce Solutions (NSW) 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