DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skyline Mechanical Service Pty Ltd
(AG2020/2203)

SKYLINE MECHANICAL SERVICES PTY LTD ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 AUGUST 2020

Application for approval of the Skyline Mechanical Services Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Skyline Mechanical Services Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skyline Mechanical Service Pty Ltd. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skyline Mechanical Service Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Skyline Mechanical Services Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022. The application was made by the Enterprise Trade Union, the Australian Manufacturing Workers’ Union, and the Construction, Forestry, Maritime, Mining and Energy Union. The respondents were Skyline Mechanical Service Pty Ltd and several other employers.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly with regard to the "better off overall test." This test requires that the agreement must be at least as good as the applicable award or registered agreement for employees, and must not disadvantage employees in terms of pay, conditions, or overall entitlements. The Commission also needed to determine if the agreement was made in good faith and whether it was consistent with the principles of the national workplace relations system.

The Commission found that the agreement met all the statutory requirements. The better off overall test was satisfied, as the agreement provided employees with improved conditions and protections compared to the applicable award. The Commission also concluded that the agreement was made in good faith and was consistent with the principles of the national workplace relations system. Consequently, the application was approved.

The Commission issued an order approving the Skyline Mechanical Services Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022, effective from the date of the decision. The agreement is now legally binding on all parties involved, ensuring that employees receive the improved terms and conditions as outlined in the agreement.

Skyline Mechanical Service 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