DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skillworx Group Pty Ltd
(AG2015/7240)

SKILLWORX GROUP PTY LTD WA OPERATIONS SINGLE ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the SKILLWORX Group Pty Ltd WA operations single enterprise agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SKILLWORX Group Pty Ltd WA operations single enterprise agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skillworx Group Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 9 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skillworx Group Pty Ltd, the applicant, sought approval for a single enterprise agreement governing its Western Australian operations. The agreement was opposed by the Australian Education, Union, the respondent. The Fair Work Commission was tasked with determining the fairness of the proposed agreement. The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions and whether it complied with the statutory requirements for enterprise agreements.

The Commission examined the proposed agreement against the criteria set out in the Fair Work Act 2009. It considered the impact of the agreement on employees, including wages, working conditions, and dispute resolution mechanisms. The Commission also evaluated whether the agreement met the procedural requirements, such as the necessity for genuine bargaining and the provision of relevant information to employees. Given the evidence presented and the statutory criteria, the Commission concluded that the proposed agreement was fair and reasonable, and it approved the single enterprise agreement for Skillworx Group Pty Ltd's Western Australian operations. The Commission found that the agreement did not unfairly disadvantage any party and complied with all necessary legislative provisions.

Skillworx Group 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