DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SKS Builders Pty Ltd
(AG2016/1628)

SKS BUILDERS PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JULY 2016

Application for approval of the SKS Builders Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the SKS Builders Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SKS Builders 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2016. The nominal expiry date of the Agreement is 5 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SKS Builders Pty Ltd was the subject of a recent decision by the Fair Work Commission (FWC) regarding the approval of the SKS Builders Pty Ltd Enterprise Agreement 2016-2020. The dispute involved the application for the approval of the enterprise agreement, which aimed to regulate the employment terms and conditions for the employees of SKS Builders Pty Ltd. The FWC was tasked with determining whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The primary legal issues the FWC addressed included whether the enterprise agreement complied with the procedural requirements for approval, and whether the agreement satisfied the "better off overall test" (BOOT). This test ensures that employees are not disadvantaged by the agreement compared to their previous conditions. Additionally, the FWC considered whether the agreement included the necessary minimum entitlements and whether the agreement was made in good faith and without coercion.

In its decision, the FWC found that the enterprise agreement did not fully meet the procedural requirements for approval, as the company had failed to provide all necessary information to the employees in a timely manner. However, the FWC also determined that the agreement satisfied the BOOT, as employees would be better off overall under the terms of the new agreement. The FWC emphasised the importance of ensuring compliance with procedural requirements in future negotiations and agreements. Ultimately, the FWC approved the enterprise agreement, subject to certain conditions and modifications to address the identified procedural deficiencies.

SKS Builders 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