DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SKS Technologies Pty Ltd
(AG2020/3397)

SKS TECHNOLOGIES ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 DECEMBER 2020

Application for approval of the SKS Technologies Enterprise Agreement 2020 - 2024.

[1] SKS Technologies Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SKS Technologies Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 was approved on 15 December 2020 and, in accordance with s 54, will operate from 22 December 2020. The nominal expiry date of the Agreement is 15 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, SKS Technologies Pty Ltd applied for approval of the SKS Technologies Enterprise Agreement 2020-2024. The applicant argued the agreement was appropriate for the employees as it reflected their needs and the business's requirements. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 233 of the Fair Work Act. This included assessing whether the agreement provided for a fair and reasonable rate of pay, included appropriate provisions for employee entitlements, and adhered to the terms of any applicable awards or agreements. The Commission also needed to consider if the agreement had been made in good faith and whether it met the procedural requirements for approval.

The Fair Work Commission found that the agreement was fair and reasonable, as it provided for appropriate rates of pay and entitlements that reflected the needs of the employees. The Commission also concluded that the agreement was made in good faith and met the procedural requirements for approval. The applicant had demonstrated that the agreement was necessary to ensure the long-term sustainability of the business and to provide for the needs of its employees. Therefore, the Commission approved the agreement, finding it to be a genuine enterprise agreement.

As a result of this decision, the SKS Technologies Enterprise Agreement 2020-2024 is now approved and will apply to the relevant employees. The agreement provides for a fair and reasonable rate of pay, as well as appropriate provisions for employee entitlements. The Commission's approval of the agreement ensures that it will remain in effect until it is replaced or terminated in accordance with the Fair Work Act.

SKS Technologies Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established