DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilltech Consulting Services Pty Ltd
(AG2017/1406)

SKILLTECH CONSULTING SERVICES PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2016 - 2018

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2017

Application for approval of the Skilltech Consulting Services Pty Electrical Supply Industry Queensland Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Skilltech Consulting Services Pty Electrical Supply Industry Queensland Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skilltech Consulting Services Pty Ltd. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skilltech Consulting Services Pty Ltd applied for the approval of the Electrical Supply Industry Queensland Enterprise Agreement 2016-2018, which was intended to govern the employment conditions of its employees. The application was contested by the Electrical Workers Union of Australia, which argued that the agreement did not comply with the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement satisfied the requirements of the Fair Work Act, particularly sections concerning the "better off overall test" and the "good faith" bargaining requirement. The Electrical Workers Union contended that the agreement did not meet the better off overall test, as it did not provide employees with a sufficient increase in their overall remuneration package. Additionally, the union argued that the bargaining process did not reflect good faith, as it was conducted under undue pressure and without adequate consultation.

The Commission examined the terms of the proposed agreement, including wage increases, leave entitlements, and other benefits, to determine if they met the statutory requirements. The Commission found that the agreement provided employees with a reasonable increase in their remuneration package and did not impose any detriments that would outweigh the benefits. Furthermore, the Commission concluded that the bargaining process was conducted in good faith, as there was evidence of meaningful negotiations between the parties. Therefore, the Commission approved the agreement, finding that it met the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2016-2018, dismissing the union's objections. The agreement will now govern the employment conditions of Skilltech Consulting Services Pty Ltd's employees for the specified period. The Electrical Workers Union has the right to appeal the decision within 21 days of the Commission's decision.

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