DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skout Solutions Pty Ltd
(AG2016/8042)

SKOUT SOLUTIONS INDUSTRIAL ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 MARCH 2017

Application for approval of the Skout Solutions Industrial Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Skout Solutions Industrial 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 Skout Solutions 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 14 March 2017 and, in accordance with s.54, will operate from 21 March 2017. The nominal expiry date of the Agreement is 14 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Skout Solutions Pty Ltd, the Fair Work Commission was asked to approve an industrial agreement between the employer and its employees. The dispute centred around the terms and conditions outlined in the Skout Solutions Industrial Enterprise Agreement 2016. The Commission was required to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees. Additionally, the Commission needed to assess if the agreement contained terms that were consistent with the principles of the Fair Work Act, such as ensuring a minimum rate of pay and reasonable working hours. The fairness and reasonableness of the dispute resolution process was a pivotal point of contention in the arguments presented.

The Commission found that the dispute resolution process outlined in the agreement was fair and reasonable. It allowed for a structured approach to resolving conflicts, including the possibility of mediation and conciliation. The Commission also noted that the terms of the agreement were consistent with the minimum standards prescribed by the Fair Work Act. Consequently, the Commission approved the agreement, finding that it provided for the protection of employees' rights and interests. The approval was granted, affirming the agreement as compliant with the relevant legislative requirements.

Skout Solutions 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