Acrow Formwork and Scaffolding Pty Ltd T/A Acrow Formwork and Scaffolding Pty Ltd

[2024] FWCA 797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Acrow Formwork and Scaffolding Pty Ltd T/A Acrow Formwork and Scaffolding Pty Ltd

(AG2024/316)

ACROW LIMITED VICTORIAN ENTERPRISE AGREEMENT 2024-2028

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 4 MARCH 2024

Application for approval of the Acrow Limited Victorian Enterprise Agreement2024-2028.

An application has been made for approval of an enterprise agreement known as the Acrow Limited Victorian Enterprise Agreement 2024-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acrow Formwork and Scaffolding Pty Ltd T/A Acrow Formwork and Scaffolding Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the case were Acrow Formwork and Scaffolding Pty Ltd, trading as Acrow Formwork and Scaffolding Pty Ltd, and the Australian Building and Construction Commission. The nature of the dispute was the application for approval of the Acrow Limited Victorian Enterprise Agreement 2024-2028. The case was heard in the Fair Work Commission, the primary federal workplace relations tribunal in Australia.

The legal issues that the court was required to decide were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT). This test requires that the employees be no worse off and at least some employees be better off financially under the new agreement compared to their previous conditions. The court also had to consider whether the agreement adequately protected the rights and interests of employees and whether it complied with relevant industrial laws and regulations.

The court's reasoning was based on a thorough examination of the proposed enterprise agreement, taking into account the submissions from both parties and any relevant precedents. The court found that the agreement met the requirements of the Fair Work Act 2009 and satisfied the BOOT. The court determined that the agreement provided fair and reasonable terms for employees, including appropriate wages, conditions, and benefits, and that it did not disadvantage any particular group of employees. The court concluded that the agreement was in the best interests of the employees and approved it accordingly.

The final orders of the court were that the Acrow Limited Victorian Enterprise Agreement 2024-2028 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect on the date of the decision and be binding on all employees and employers covered by the agreement. The court's decision provided clarity and certainty for both parties and ensured that the employees would benefit from the terms of the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established