Trustee for SKW Unit Trust T/A SKW Services Pty Ltd

[2013] FWCA 1021

FAIR WORK COMMISSION

DECISION

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

Trustee for SKW Unit Trust T/A SKW Services Pty Ltd
(AG2013/4618)

SKW SERVICES PTY LTD ENTERPRISE AGREEMENT 2012

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 13 FEBRUARY 2013

Application for approval of the SKW Services Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the SKW Services Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Trustee for SKW Unit Trust T/A SKW Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 4 February 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2013. The nominal expiry date of the Agreement is 19 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for SKW Unit Trust, trading as SKW Services Pty Ltd, applied for the approval of the SKW Services Pty Ltd Enterprise Agreement 2012. The application arose in the context of an enterprise agreement between the employer and its employees, seeking formal endorsement by the Commission. The nature of the dispute was focused on whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding its provisions, coverage, and compliance with relevant industrial standards.

The primary legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, covered all employees correctly, and adhered to the procedural and substantive requirements set forth in the Fair Work Act. This involved scrutinising the agreement's terms, ensuring they were fair and reasonable, and that the process of agreement negotiation was compliant with the statutory framework. The Commission also had to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission, after a thorough examination of the submitted materials and the arguments presented, concluded that the SKW Services Pty Ltd Enterprise Agreement 2012 was fair and reasonable. The agreement was found to meet the necessary standards under the Fair Work Act, including providing for efficient, productive, and flexible workplaces, and ensuring that it was appropriately negotiated. The Commission determined that the agreement was fair and reasonable, and it approved the application for registration.

The final orders included the registration of the SKW Services Pty Ltd Enterprise Agreement 2012, effective from the date of approval, thereby providing legal effect to the terms and conditions outlined in the agreement between the employer and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established