DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skillinvest Limited T/A Skillinvest
(AG2016/6521)

SKILLINVEST ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Skillinvest Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Skillinvest Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skillinvest Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement was approved on 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Skillinvest Limited trading as Skillinvest, represented by their legal counsel, and the Fair Work Commission. The nature of the dispute was an application for the approval of the Skillinvest Enterprise Agreement 2016, which sought to establish the terms and conditions of employment for employees within the company. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues that the court had to decide centred around whether the agreement met the necessary legislative requirements under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it included the minimum entitlements mandated by the Act, and whether it complied with the procedural requirements for the approval process. Additionally, the court had to consider whether the agreement was in the best interests of the employees.

The Full Bench of the Fair Work Commission concluded that the Skillinvest Enterprise Agreement 2016 did not meet the legislative requirements for approval. The court found that the agreement did not include the minimum entitlements as required by the Fair Work Act 2009, and therefore did not comply with the statutory provisions. Furthermore, the court determined that the agreement was not in the best interests of the employees, as it failed to adequately address certain employee protections. Consequently, the application for approval was dismissed, and the agreement was not approved by the Fair Work Commission.

Skillinvest Limited T/A Skillinvest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established