Workco Ltd; Link Employment & Training Inc

[2013] FWCA 6844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workco Ltd; Link Employment & Training Inc
(AG2013/2270)

SKILLINVEST GROUP ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER WILSON	MELBOURNE, 13 SEPTEMBER 2013

Application for approval of the Skillinvest Group Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Skillinvest Group Enterprise Agreement 2013 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skillinvest Group (the Applicant). The agreement is a multi-enterprise agreement.

[1] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

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

[3] The Independent Education Union Victoria Tasmania, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Workco Ltd and Link Employment & Training Inc, sought approval of the Skillinvest Group Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose from the applicants' desire to implement certain changes to the agreement, which the union opposed on the grounds that it would negatively affect employee conditions. The Fair Work Commission was tasked with determining whether the proposed changes complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed changes to the agreement met the threshold criteria for approval under section 232 of the Fair Work Act. This involved assessing whether the changes were in the best interests of the employees, had been fairly negotiated, and did not unfairly discriminate against any group of employees. The Commission also had to consider whether the applicants had provided sufficient evidence to support their application.

The Commission found that the applicants had met the threshold criteria for approval. The evidence presented indicated that the changes were in the best interests of the employees, having been negotiated in good faith and not unfairly discriminating against any group. The proposed changes were considered to be reasonable and necessary to address the specific circumstances of the business. Consequently, the Commission approved the Skillinvest Group Enterprise Agreement 2013 as amended. The applicants were thus permitted to implement the changes to the agreement as proposed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established