DECISION

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

Skilltech Consulting Services Pty Ltd T/A Skilltech Consulting Services Pty Ltd
(AG2019/3727)

SKILLTECH CONSULTING SERVICES PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 21 OCTOBER 2019

Application for approval of the Skilltech Consulting Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

[1] Skilltech Consulting Services Pty Ltd T/A Skilltech Consulting Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Skilltech Consulting Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 (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] 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. Pursuant to s.190(4) of the Act I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings provided by the Employer; the CEPU being a bargaining representative for the Agreement. The CEPU wrote to my chambers and stated that it supports the undertakings provided by the Employer.

[3] 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.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The CEPU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Skilltech Consulting Services Pty Ltd applied for approval of the Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021. The application was heard by the Fair Work Commission, which has the power to approve enterprise agreements under the Fair Work Act 2009. The application was opposed by the Electrical Trades Union of Australia, which argued that the agreement was not in the best interests of the employees.

The primary issue before the Commission was whether the agreement was fair and reasonable, and whether it met the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with the "better off overall test", which requires that employees be no worse off financially under the agreement than they would be under the relevant award.

The Commission found that the agreement was fair and reasonable, and met the requirements of the Fair Work Act. The agreement provided for fair and reasonable terms and conditions for employees, and met the "better off overall test". The Commission noted that the agreement provided for a number of benefits for employees, including pay increases and additional leave provisions. The Commission also found that the agreement was not likely to have a detrimental effect on the industrial relations environment, and that it would not undermine the operation of the relevant award.

The Fair Work Commission approved the application and certified the Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 as a registered agreement. The agreement will now apply to employees covered by the agreement, and will replace the relevant award as the primary source of terms and conditions of employment for those employees.

Skilltech Consulting Services Pty Ltd T/A Skilltech Consulting Services 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