DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acrow Formwork & Scaffolding Pty Ltd
(AG2015/189)

ACROW FORMWORK & SCAFFOLDING PTY LIMITED - YARD/CFMEU (BASSENDEAN, WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MARCH 2015

Application for approval of the Acrow Formwork & Scaffolding Pty Limited - Yard/CFMEU (Bassendean, Western Australia) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Ltd - Yard/CFMEU (Bassendean, Western Australia) Enterprise Agreement 2014 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 March 2015 and, in accordance with s.54, will operate from 2 April 2015. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Acrow Formwork & Scaffolding Pty Ltd, along with the CFMEU, applied to the Fair Work Commission for approval of their 2014 enterprise agreement, which governs the terms and conditions of employment for workers in the Bassendean, Western Australia, yard. The application was made to ensure the agreement complied with the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement adequately provided for the employees' minimum entitlements, including wages, hours of work, and other conditions as stipulated by the Act, and whether the agreement met the procedural fairness requirements for its approval.

The Commission examined the provisions of the agreement, considering whether they met the statutory minimum standards and whether there was a proper process for the agreement's negotiation and conclusion. It assessed the fairness of the agreement by looking at the bargaining power of the parties, the nature of the agreement, and whether the agreement had been negotiated in good faith. The Commission found that the agreement did provide for the minimum entitlements and was fair and reasonable, taking into account the specific circumstances of the workplace and the parties involved.

Consequently, the Fair Work Commission approved the Acrow Formwork & Scaffolding Pty Ltd - Yard/CFMEU (Bassendean, Western Australia) Enterprise Agreement 2014. The Commission determined that the agreement met the necessary statutory standards and was fair and reasonable in all the circumstances, thereby allowing it to be approved and registered under the Fair Work Act 2009.

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