DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acrow Formwork & Scaffolding Pty Ltd
(AG2015/4236)

ACROW FORMWORK AND SCAFFOLDING PTY LIMITED VICTORIAN ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the Acrow Formwork and Scaffolding Pty Limited Victorian Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork and Scaffolding Pty Limited Victorian Enterprise Agreement 2015 - 2018 (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 Applicant 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 18 August 2015 and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date of the Agreement is 1 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Acrow Formwork & Scaffolding Pty Ltd, sought approval of the Acrow Formwork and Scaffolding Pty Limited Victorian Enterprise Agreement 2015-2018. The dispute was heard by the Fair Work Commission, an Australian federal statutory body with jurisdiction over workplace relations matters. The Commission was tasked with determining whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was properly certified by a registered bargaining representative and whether it contained the necessary "protected action provisions" as required by section 233 of the Act. Additionally, the Commission had to consider whether the agreement unfairly disadvantaged any employees and if it complied with the "better off overall test" under section 173 of the Act.

The Commission found that the agreement was appropriately certified and contained the necessary protected action provisions. It was also determined that the agreement did not unfairly disadvantage any employees and met the better off overall test. Consequently, the Commission approved the enterprise agreement, emphasising the importance of fair and lawful workplace agreements.

No further orders were necessary beyond the approval of the enterprise agreement as per the decision of the Fair Work Commission.

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