DECISION

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

Above Scaffolding Services Pty Ltd
(AG2014/10306)

ABOVE SCAFFOLDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JANUARY 2015

Application for approval of the Above Scaffolding Services Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Above Scaffolding Services Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Above Scaffolding Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 13 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case of Above Scaffolding Services Pty Ltd involved an application to the Fair Work Commission for the approval of the enterprise agreement between the employer, Above Scaffolding Services Pty Ltd, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The enterprise agreement was intended to cover the period from 2014 to 2018. The primary dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement provided for a fair and reasonable remuneration and conditions for the employees, whether it complied with the provisions of the Fair Work Act, and if the agreement had been made in good faith and without any coercion or undue influence. Additionally, the Commission had to consider whether the agreement met the provisions for the proper consultation and negotiation between the parties.

In rendering its decision, the Commission examined the specifics of the enterprise agreement, including wage rates, working hours, leave entitlements, and other employment conditions. The Commission concluded that the agreement was fair and reasonable, as it provided for adequate remuneration and conditions for the employees and complied with the requirements of the Fair Work Act. Furthermore, the Commission was satisfied that the agreement had been made in good faith and without any coercion or undue influence. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Above Scaffolding Services Pty Ltd Enterprise Agreement 2014-2018, determining that it met the necessary requirements under the Fair Work Act. This decision ensured that the employees were provided with fair and reasonable remuneration and conditions, while also upholding the rights and obligations of both the employer and the union.

Above Scaffolding Services 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