DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Specialised Workforce Group Pty Ltd
(AG2015/64)

SPECIALISED WORKFORCE GROUP PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 JANUARY 2015

Application for approval of the Specialised Workforce Group Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 January 2015 by Specialised Workforce Group Pty Ltd for the approval of a single-enterprise agreement known as the Specialised Workforce Group Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Specialised Workforce Group Pty Ltd, applied for the approval of the Specialised Workforce Group Pty Ltd Enterprise Agreement 2014. The dispute centred on the conditions and terms of employment for certain employees, as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, as mandated by the Fair Work Act. This included scrutinising the agreement for any unfair provisions that might adversely affect the employees, and ensuring that the agreement was genuinely negotiated and not imposed. Additionally, the Commission examined whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009, particularly concerning the involvement of a registered organisation in the negotiation process.

The Commission found that the agreement contained provisions that were not fair and reasonable, particularly in relation to the calculation of overtime and penalty rates for certain employees. These provisions were deemed to be overly restrictive and did not adequately protect the employees' entitlements. Furthermore, the Commission noted procedural shortcomings in the negotiation process, which impacted the genuineness of the agreement. Consequently, the Commission decided that the application for approval should be dismissed. The decision was based on the findings that the agreement did not meet the statutory requirements for fair and reasonable terms and conditions, and did not adequately reflect genuine negotiations.

The Commission ordered that the Specialised Workforce Group Pty Ltd Enterprise Agreement 2014 be rejected and not approved. This decision ensures that the employees covered by the agreement are not subjected to unfair terms and conditions, and it reinforces the importance of genuine negotiation and fair treatment in the workplace.

Specialised Workforce Group 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