DECISION

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

Skillinvest Limited
(AG2019/3635)

SKILLINVEST ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER PLATT	ADELAIDE, 23 OCTOBER 2019

Application for approval of the Skillinvest Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Skillinvest Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Skillinvest Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 October 2019.

[3] On 10 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 24 September 2019.

[5] The Applicant has submitted an undertaking in the required form dated 22 October 2019. The undertaking deals with the following topics:

• Shiftworker is defined for the purposes of the National Employment Standards (NES) as a clerical or administrative worker employed as a seven-day shiftworker who is regularly rostered to work on Sundays and public holidays if such shifts are continuously rostered 24 hours a day for seven days a week.

• Clause 75 of the Agreement, concerning abandonment of employment, will operate subject to the NES.

• Ordinary hours for all employees, except clerical and administrative employees, are between 6.00am and 7.00pm Monday to Sunday.

• All work performed on a Sunday will be paid at double time.

• All work performed on a public holiday will be paid at double time and a half for the purposes of clauses 36 and 41.

• Ordinary hours for clerical and administrative employees are worked between 6.00am to 7.00pm Monday to Friday, and 7.00am to 12.30pm on a Saturday, with a maximum of 10 ordinary hours per day.

• Clerical and administrative employees working on Saturdays will be paid at time and a quarter.

• Only teachers and trainers who are required to deliver training outside the span of ordinary hours will be paid a penalty of 15% for the purposes of clause 36.2.

• All other workers required to deliver training outside the span of ordinary hours will be paid in accordance with clauses 37.7 and 37.8.

• Casual employees working outside the ordinary span of hours will be paid overtime at the rates set out in clauses 37.7 and 37.8.

• Clause 39, concerning excess hours leave, will only apply to group training field consultants, teachers, trainers, and managers. These employees are responsible for monitoring their working hours to ensure additional hours do not exceed their allocation of Excess Hours Leave (12 days) in a 12 month period.

• Time off in lieu will be paid out at termination at the applicable overtime rate.

[6] A copy of the undertakings has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Skillinvest Limited applied to the Fair Work Commission for approval of the Skillinvest Enterprise Agreement 2019. The respondents, including various employee groups, opposed the application, citing concerns over the agreement's provisions on wages, conditions, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the statutory obligations, particularly whether it contained the minimum terms and conditions required by the Act, and whether it was made in good faith and without coercion. The Commission examined the negotiation process and the content of the agreement, considering the submissions and evidence provided by both parties.

In its decision, the Fair Work Commission found that the Skillinvest Enterprise Agreement 2019 met the statutory requirements for approval. The Commission noted that the agreement contained all the prescribed minimum terms and conditions, and there was no evidence of bad faith or coercion during the negotiation process. The Commission also took into account the views of the employees and the employer, and concluded that the agreement was in the best interests of the employees overall.

Accordingly, the Fair Work Commission approved the Skillinvest Enterprise Agreement 2019. The agreement was to be registered and would apply to the relevant employees from the date of the Commission's decision. The Commission's decision provided clarity and certainty for the parties involved, allowing the agreement to take effect as intended.

Skillinvest Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established