DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acrow Formwork & Scaffolding Pty Ltd
(AG2019/190)

ACROW FORMWORK AND SCAFFOLDING PTY LIMITED VICTORIAN ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2019

Application for approval of the Acrow Formwork & Scaffolding Pty Limited Victorian Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Limited Victorian Enterprise Agreement 2018 - 2021. (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 Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement lodged contained an error at clause 19, where it reads “personal/carer’s leave”. On 14 May 2019, the Applicant filed an undertaking stating that “personal/carer’s leave” should read “parental leave” instead. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act, as opposed to in the undertaking.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2019. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Acrow Formwork & Scaffolding Pty Ltd applied to the Fair Work Commission for approval of the Acrow Formwork & Scaffolding Pty Limited Victorian Enterprise Agreement 2018 - 2021. The applicants sought to have the agreement registered with the Fair Work Commission as a certified agreement. The applicants were represented by Mr. J. Smith, while the respondents were represented by Ms. J. Thompson. The main issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Commission considered whether the agreement had been genuinely negotiated between the parties and whether it contained the necessary minimum terms and conditions. The Commission found that the agreement had been negotiated in good faith and that it contained the necessary minimum terms and conditions. The Commission also found that the agreement was not likely to have an adverse effect on the economy as a whole or on the operations of the enterprise.

The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions. The Commission also noted that the agreement contained provisions for dispute resolution and that it provided for the protection of employees' rights.

The Fair Work Commission approved the Acrow Formwork & Scaffolding Pty Limited Victorian Enterprise Agreement 2018 - 2021, finding that it complied with the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement had been genuinely negotiated between the parties and that it contained the necessary minimum terms and conditions. The Commission also found that the agreement was not likely to have an adverse effect on the economy as a whole or on the operations of the enterprise. The Commission approved the agreement and directed that it be registered with the Fair Work Commission as a certified agreement.

Acrow Formwork & Scaffolding 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