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austlii:cth/FWCA/2025/366
procedural. The Agreement was approved and will operate from 6 February 2025 with a nominal expiry date of 30 January 2029.
The Fair Work Commission approved an enterprise agreement for SKS Technologies Pty Ltd covering Western Australian employees. The Commissioner was satisfied that all legal requirements were met, including that the group of employees was fairly chosen even though not all employees were covered. The employer's undertakings were accepted, and the workplace delegates' rights term was included in the agreement by operation of law. The agreement will operate from 6 February 2025 until 30 January 2029.
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1 cited instrument linked from this judgment.
s.185 - Application for approval of a single-enterprise agreement
SKS TECHNOLOGIES WESTERN AUSTRALIA EMPLOYEE AGREEMENT 2025-2029
Application for approval of the SKS Technologies Western Australia Employee Agreement 2025-2029
[1] An application has been made for approval of an enterprise agreement known as the 'SKS Technologies Western Australia Employee Agreement 2025-2029 (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. The Agreement is a single enterprise agreement.
[2] The notification time for the Agreement under s.173(2) was 20 November 2024 and the Agreement was made on 12 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.1
[3] 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.
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
[5] Pursuant to s.205A of the Act, the workplace delegates' rights term at Clause 26A of the Award is taken to be a term of the Agreement.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 30 January 2029.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 6 February 2025 with a nominal expiry date of 30 January 2029.