DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SKS Technologies Pty Ltd T/A SKS Technologies
(AG2018/6617)

SKS TECHNOLOGIES SOUTH AUSTRALIA EMPLOYEE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 7 MARCH 2019

Application for approval of the SKS Technologies South Australia Employee Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SKS Technologies South Australia Employee Agreement 2018 (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 T/A SKS Technologies. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 6 March 2023.

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, trading as SKS Technologies, and the Australian Manufacturing Workers' Union. The dispute centred around the application for the approval of the SKS Technologies South Australia Employee Agreement 2018. This agreement was proposed to replace the existing Enterprise Agreement 2015, which was set to expire on 12 August 2018. The Union contested the approval of the new agreement, arguing that it did not adequately address issues such as the payment of wages during periods of illness and the classification of certain employees. The dispute was heard and determined by the Fair Work Commission.

The primary legal issues the Commission needed to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a "better off overall and in the round" agreement. The Union contended that the proposed agreement fell short in ensuring that employees were fairly compensated during periods of illness and that certain employees were appropriately classified. SKS Technologies, on the other hand, argued that the new agreement was fair and met the necessary legal standards.

The Commission considered the arguments from both parties and reviewed the proposed agreement in detail. The Commission found that while the new agreement had some shortcomings, it was not so deficient as to warrant refusal of approval. The Commission concluded that the agreement was a "better off overall and in the round" agreement, as it provided for fair and reasonable terms and conditions of employment. The Union's concerns regarding the classification of certain employees were addressed by the Commission, which found that the proposed agreement was in line with the relevant legislative provisions.

The Fair Work Commission approved the SKS Technologies South Australia Employee Agreement 2018. The Union's application to refuse approval was dismissed, and the agreement was registered. This decision allowed the new agreement to come into effect on 12 August 2018, replacing the previous Enterprise Agreement 2015.

SKS Technologies Pty Ltd T/A SKS Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established