SKS Technologies Pty Ltd

[2025] FWCA 362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SKS Technologies Pty Ltd

(AG2024/5023)

SKS TECHNOLOGIES QLD EMPLOYEE AGREEMENT 2025-2029

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 30 JANUARY 2025

Application for approval of the SKS Technologies QLD Employee Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the SKS Technologies QLD Employee Agreement 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SKS Technologies Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 20 November 2024 and the Agreement was made on 12 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.¹

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 26A of the Award is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 30 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved SKS Technologies Pty Ltd, an employer, and its employees, represented by the Australian Manufacturing Workers Union (AMWU). The dispute centred around the approval of the SKS Technologies Queensland Employee Agreement 2025-2029. The Commission was tasked with determining whether the proposed agreement was in the interests of the employees and whether it complied with the Fair Work Act 2009. The AMWU argued that certain provisions of the agreement were unfair and did not adequately protect the employees' interests. The employer, on the other hand, contended that the agreement was fair and reasonable, and that it was necessary for the company's economic viability.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and whether it was fair and reasonable in all its terms. The Commission had to assess the fairness and reasonableness of the agreement, including its provisions on pay rates, penalties, working hours, and dispute resolution mechanisms. The Commission also had to determine whether the agreement complied with the relevant provisions of the Fair Work Act, such as the requirement for the agreement to be in writing and to be approved by the Commission.

The Fair Work Commission, after considering the submissions and evidence from both parties, found that the proposed agreement was fair and reasonable in all its terms. The Commission noted that the agreement provided for fair and reasonable pay rates, penalties, and working hours. The Commission also found that the agreement's dispute resolution mechanisms were appropriate and effective. The Commission further found that the agreement complied with the requirements of the Fair Work Act and that it was in the best interests of the employees. The Commission approved the SKS Technologies Queensland Employee Agreement 2025-2029, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the SKS Technologies Queensland Employee Agreement 2025-2029, subject to certain modifications. The modifications included the removal of certain clauses that were found to be unfair and the addition of provisions to ensure compliance with the Fair Work Act. The Commission's decision was based on its finding that the agreement was fair and reasonable in all its terms and that it was in the best interests of the employees. The employer and the union were required to implement the modifications and bring the agreement into effect as approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established