SKS Technologies Pty Ltd

[2025] FWCA 366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

SKS Technologies Pty Ltd

(AG2024/5026)

SKS TECHNOLOGIES WESTERN AUSTRALIA EMPLOYEE AGREEMENT 2025-2029

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 30 JANUARY 2025

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

An application has been made for approval of an enterprise agreement known as the ‘SKS Technologies Western Australia 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

SKS Technologies Pty Ltd applied to the Fair Work Commission (FWC) for the approval of the SKS Technologies Western Australia Employee Agreement 2025-2029. The applicant, SKS Technologies, is an employer in the security industry, and the agreement was entered into with the relevant union, which represents the employees. The application was brought under section 234 of the Fair Work Act 2009 (Cth) and involved the determination of whether the agreement met the criteria for approval as a single interest employer agreement.

The key legal issue before the FWC was whether the agreement was a genuine agreement between the parties, made without any coercion, and whether it provided appropriate protections for the employees. Additionally, the FWC had to assess whether the agreement contained all the required terms and conditions, and whether it met the statutory minimum standards set out in the Fair Work Act.

The FWC found that the agreement was genuinely made between the parties and was not the product of any coercion. The FWC also determined that the agreement contained all the required terms and conditions and met the statutory minimum standards. The FWC was satisfied that the agreement provided appropriate protections for the employees and that it was in the best interests of the employees and employers. Therefore, the FWC approved the SKS Technologies Western Australia Employee Agreement 2025-2029.

The final orders of the FWC were that the SKS Technologies Western Australia Employee Agreement 2025-2029 be approved, effective from 1 July 2025, and that it be registered with the Fair Work Commission. The agreement was to apply to all employees covered by the agreement, and the FWC noted that any disputes arising under the agreement would be dealt with in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established