Acrow Formwork & Scaffolding Pty Ltd

[2021] FWCA 6570

FAIR WORK COMMISSION

DECISION

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

Acrow Formwork & Scaffolding Pty Ltd
(AG2021/7684)

ACROW FORMWORK AND SCAFFOLDING PTY LIMITED (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 5 NOVEMBER 2021

Application for approval of the Acrow Formwork and Scaffolding Pty Limited (South Australia) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork and Scaffolding Pty Limited (South Australia) Enterprise Agreement 2020 (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 & Scaffolding 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 as are relevant to this application for approval have been met.

[3] The United Workers’ Union, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2021. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

Acrow Formwork & Scaffolding Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was between the company and its employees in South Australia. The applicants sought to standardise the terms of employment for workers in the industry, including wages, conditions, and dispute resolution mechanisms. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the legal requirements for approval.

The central legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a safety net of minimum terms and conditions and whether it allowed for individual flexibility and workplace flexibility. The Commission also needed to assess if the agreement had been made in good faith and whether the proper procedures for making the agreement had been followed.

The Fair Work Commission found that the enterprise agreement met the statutory requirements for approval. The agreement provided for a safety net of minimum terms and conditions, which were no less favourable than the relevant awards or the national employment standards. The agreement also allowed for individual flexibility and workplace flexibility, as it contained provisions for variations in hours of work and the ability to negotiate different conditions for different groups of employees. The Commission was satisfied that the agreement had been made in good faith and that the proper procedures for making the agreement had been followed.

The Fair Work Commission approved the Acrow Formwork and Scaffolding Pty Limited (South Australia) Enterprise Agreement 2020, effective from the date of the approval. The agreement would now apply to all employees covered by the agreement, and it would replace any previous enterprise agreements or awards that applied to those employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established