Acrow Formwork & Scaffolding Pty Ltd Summary

[2018] FWCA 7156

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Acrow Formwork & Scaffolding Pty Ltd

(AG2018/3185)

Acrow Formwork and Scaffolding Pty Limited (South Australia) Enterprise Agreement 2017

Storage services
Deputy President Masson	MELBOURNE, 22 NOVEMBER 2018

Application for approval of the Acrow Formwork and Scaffolding Pty Limited (South Australia) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Acrow Formwork and Scaffolding Pty Limited (South Australia) Enterprise Agreement 2017 (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.

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.

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.

The National Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Acrow Formwork and Scaffolding Pty Limited (South Australia) Enterprise Agreement 2017. The application was made by the employer, Acrow Formwork and Scaffolding Pty Ltd, and opposed by the Australian Building and Construction Commission. The matter was heard in the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the statutory requirements for approval, including whether it provided for the safety, health, and welfare of employees, and whether it was made in good faith.

The legal issues before the Commission involved determining whether the enterprise agreement contained provisions that adequately safeguarded the safety, health, and welfare of employees, and whether it had been negotiated in good faith. The Commission examined the provisions of the agreement, the context in which it was made, and the conduct of the parties during the negotiation process. The opposition raised concerns about certain clauses in the agreement that potentially impacted employee entitlements and protections.

The Fair Work Commission found that the agreement did not meet the statutory requirements for approval because it failed to adequately protect the safety, health, and welfare of employees. The Commission noted several deficiencies in the agreement, including the absence of specific provisions for safety equipment and procedures, as well as insufficient provisions for employee welfare. Additionally, the Commission found that the agreement had not been negotiated in good faith due to the employer's conduct during the negotiation process. As a result, the application for approval of the enterprise agreement was dismissed.

Acrow Formwork & Scaffolding Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established